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Judgment reversed and new trial granted, costs to abide event, on the ground that the amendment of the complaint allowed by the trial court introduced a new and different cause of action, as to which this court concurs in the dissenting opinion of Ingraham, P. J., below; no opinion.
Concur: Cullen, Ch. J., Haight, Werner, Willard Bartlett, Hisoock, Chase and Collin, JJ.
Document Info
Citation Numbers: 98 N.E. 1103, 205 N.Y. 617, 1912 N.Y. LEXIS 1380
Filed Date: 6/4/1912
Precedential Status: Precedential
Modified Date: 10/19/2024