RAINBOW v. ROSENBERG


54 A.D.2d 1121 (1976)

Roger L. Rainbow, Respondent, v. Robert Rosenberg et al., Defendants, and Albert Elia Building Co., Inc., Appellant

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

November 12, 1976


Order unanimously reversed, with costs, and motion denied.

Memorandum:

Defendant Elia appeals from an order of Special Term which granted plaintiff's motion to amend his complaint to allege a new cause of action sounding in strict liability in tort. The cause of action arose out of a collision of plaintiff's motorcycle with another vehicle on a highway being constructed under contract by appellant-defendant. Plaintiff, subsequent to a trial, which resulted...

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