Ritner v. Holbrook, Cabot & Rollins Corp. ( 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.