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SHEPPARD v. CHARLES A. SMITH WELL DRILLING & WATER SYS.

102 A.D.2d 919 (1984)

Gerald B. Sheppard, Respondent, v. Charles A. Smith Well Drilling and Water Systems, Respondent, and Smeal Manufacturing Company, Inc., Appellant, et al., Defendant

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

June 7, 1984

¶ The sole issue in this case is whether Special Term abused its discretion and erred as a matter of law in first denying the motion by defendant Smeal Manufacturing Company, Inc. (Smeal) to dismiss a second amended complaint which added an additional party defendant, and instead granted plaintiff's cross motion for leave to serve the second amended complaint. We think not, and for the reasons stated, affirm the order of Special Term. The underlying lawsuit is to recover...

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