Appellate Division of the Supreme Court of New York, 1951

Kruger v. Klube

Kruger v. Klube
Appellate Division of the Supreme Court of New York · Decided March 21, 1951
278 A.D. 751; 104 N.Y.S.2d 644; 1951 N.Y. App. Div. LEXIS 4584
Kruger v. Klube

Opinion of the Court

Order reversed on the facts and as a matter of discretion, without costs of this appeal to any party, and motion granted, without costs, on the ground that in a situation such as this where an immature child is the real party in interest, the motion for leave to amend should be granted. All concur. (Appeal from an order denying plaintiffs’ motion for leave to amend their complaint and bill of particulars, in a negligence action.) Present — Taylor, P. J., McCurn, Vaughan, Piper and Wheeler, JJ.

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