Appellate Division of the Supreme Court of New York, 1912

Leopoldstadt v. Kahn

Appellate Division of the Supreme Court of New York · Decided May 17, 1912

135 N.Y.S. 466 (New York Supplement)

Counsel

■ Edward W. S. Johnston, of New York City, for appellant., Walter J. Rosenstein, of New York City, for respondent.

Opinion of the Court

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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