Appellate Division of the Supreme Court of New York, 1936

Montello v. Lombard

Montello v. Lombard
Appellate Division of the Supreme Court of New York · Decided February 15, 1936
247 A.D. 737
Montello v. Lombard

Opinion of the Court

Order, in so far as it provides that plaintiff pay $750 costs as a condition for granting her permission to amend her complaint, modified by reducing the costs to twenty-five dollars, and as so modified affirmed, without costs; the amended complaint to be served within ten days from the entry of the order hereon. We are of opinion that the previous record of this litigation did not justify the imposition of such severe terms upon the plaintiff for the amendment of her complaint. Lazansky, P. J., Hagarty, Davis, Johnston and Taylor, JJ., concur.

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