TOMICH v. COHEN


33 A.D.2d 736 (1969)

Angelia Tomich et al., Respondents, v. Victor Cohen, Appellant. (Action No. 1.) Edmund Salama, Respondent, v. Victor Cohen, Appellant. (Action No. 2.)

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

December 2, 1969


Order entered April 3, 1968, unanimously modified on the law and the facts, so as to strike the last decretal paragraph and otherwise affirmed, without costs or disbursements.

This belated attempt, now eight years after the accident, to serve an amended complaint containing a radically new cause of action, cannot be accepted. Laches and prejudice have long since set in. In effect, this court has already said as much. See Salama v. Cohen (28...

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