Leopoldstadt v. Kahn

Appellate Division of the Supreme Court of New York

Leopoldstadt v. Kahn

135 N.Y.S. 466

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 17, 1912

StatusPublished

This text of 135 N.Y.S. 466 (Leopoldstadt v. Kahn) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Leopoldstadt v. Kahn, 135 N.Y.S. 466 (N.Y. Ct. App. 1912).

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Opinion

PER CURIAM.

The plaintiff should have been permitted to amend his complaint. Although he has been a little slow in discovering the deficiencies of his present complaint, there is no suggestion that he has been guilty of bad faith. Muller v. City of Philadelphia, 113 App. Div. 92, 99 N. Y. Supp. 93; People v. Ostrander, 144 App. Div. 860, 129 N. Y. Supp. 922.

The order appealed from must therefore be reversed, with $10 costs and disbursements, and the motion granted upon payment by plaintiff of $30 trial fee and $10 costs of motion.

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PER CURIAM.

The plaintiff should have been permitted to amend his complaint. Although he has been a little slow in discovering the deficiencies of his present complaint, there is no suggestion that he has been guilty of bad faith. Muller v. City of Philadelphia, 113 App. Div. 92, 99 N. Y. Supp. 93; People v. Ostrander, 144 App. Div. 860, 129 N. Y. Supp. 922.

The order appealed from must therefore be reversed, with $10 costs and disbursements, and the motion granted upon payment by plaintiff of $30 trial fee and $10 costs of motion.

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135 N.Y.S. 466, Counsel Stack Legal Research, https://law.counselstack.com/opinion/leopoldstadt-v-kahn-nyappdiv-1912.

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