GELCO BUILDERS & BURJAY CONSTR. CORP. v. DINERS FIN. CORP.


34 A.D.2d 903 (1970)

Gelco Builders and Burjay Construction Corp., a Joint Venture, Respondent, v. Diners Financial Corp., Appellant, et al., Defendants

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

June 4, 1970


Judgment entered June 30, 1969 so far as appealed from by defendant-appellant Diners Financial Corp. unanimously reversed, on the law, with $50 costs and disbursements to the defendant-appellant, the verdict rendered against it vacated, the action severed and the complaint as against said defendant-appellant dismissed.

After a week of testimony and after both sides had rested, the court, over objection, granted the plaintiff's motion to conform the pleadings to the...

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