Becker v. Demmerle

Order and judgment reversed upon the law and new trial granted, costs to abide the event. The complaint was improperly dismissed by the trial judge upon the ground that there was a defect of parties. No such defense was pleaded and no such defect existed. The motion to amend the complaint made by plaintiff at the opening of the trial pursuant to notice previously served, should have been granted. Lazansky, P. J., Kapper, Hagarty, Seeger and Carswell, JJ., concur.