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FELIX v. TISCHLER

73 A.D.2d 609 (1979)

Miriam Felix, as Administratrix of The Estate of Patrick Felix, Deceased, Appellant, v. Miklos Tischler et al., Defendants and Third-Party Plaintiffs-Respondents. Hun J. Kwak, Third-Party Defendant-Respondent

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

December 10, 1979

Order reversed, with $50 costs and disbursements payable to plaintiff by third-party defendant Kwak, and motion denied.

"An amended or supplemental pleading served without leave * * * is not necessarily a nullity but should be considered effective when it is clear that the party would have been entitled to amend or supplement had he sought permission" (3 Weinstein-Korn-Miller, NY Civ Prac, par 3025.22, p 30-612). Leave to amend shall be freely given upon such terms...

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