LEWIS v. JOHN ROYLE & SONS


79 Misc.2d 304 (1974)

Miles K. Lewis et al., Plaintiffs, v. John Royle & Sons, Defendant.

Supreme Court, Special Term, Broome County.

May 22, 1974


Attorney(s) appearing for the Case

William H. Johnson, Jr., and Philip C. Johnson for plaintiffs. Kramer, Wales & McAvoy (Philip J. Kramer of counsel), for defendant.


DAVID F. LEE, JR., J.

Plaintiffs move "for an order, pursuant to CPLR 3025 (b), amending the complaint herein". Plaintiffs' counsel notes in an affidavit, submitted in support of the motion, that the plaintiffs seek "leave to serve an amended complaint realleging a cause of action on behalf of plaintiff Miles K. Lewis and a derivative cause of action on behalf of plaintiff Gladys Lewis, both based upon the theory of strict-liability-in-tort". As noted...

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