CLEVELAND v. WOLINSKY


25 A.D.2d 846 (1966)

Alonzo Cleveland, Jr., an Infant, by His Father, Alonzo Cleveland, et al., Appellants, v. David Wolinsky, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

May 24, 1966


Order entered February 3, 1966, herein appealed from, unanimously reversed on the law and in the exercise of discretion and the motion for leave to serve a supplemental complaint is granted, with $30 costs and disbursements to appellants. The incidents of rat bites, alleged to have occurred, were on the same premises, the action is between the same parties, the basic qustions involved are the same, and only the time lapse between the events is offered to support the claim...

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