Ritner v. Holbrook, Cabot & Rollins Corp.
This text of 175 A.D. 942 (Ritner v. Holbrook, Cabot & Rollins Corp.) 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.
Opinion
The learned trial court had no discretionary power to allow the amendment to plaintiff’s reply, which had the effect of [943]*943creating 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.
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175 A.D. 942, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ritner-v-holbrook-cabot-rollins-corp-nyappdiv-1916.