From Casetext: Smarter Legal Research

Ritner v. Holbrook, Cabot Rollins Corporation

Appellate Division of the Supreme Court of New York, Second Department
Nov 1, 1916
175 App. Div. 942 (N.Y. App. Div. 1916)

Opinion

November, 1916.


The learned trial court had no discretionary power to allow the amendment to plaintiff's reply, which had the effect of creating a cause of action where none existed. The allowance of the amendment was an error, therefore, for which the judgment must be reversed and a new trial granted, costs to abide the final award of costs. Jenks, P.J., Carr, Mills, Rich and Putnam, JJ., concurred.


Summaries of

Ritner v. Holbrook, Cabot Rollins Corporation

Appellate Division of the Supreme Court of New York, Second Department
Nov 1, 1916
175 App. Div. 942 (N.Y. App. Div. 1916)
Case details for

Ritner v. Holbrook, Cabot Rollins Corporation

Case Details

Full title:WILLIAM A. RITNER, Respondent, v. HOLBROOK, CABOT ROLLINS CORPORATION…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 1, 1916

Citations

175 App. Div. 942 (N.Y. App. Div. 1916)