Appellate Division of the Supreme Court of New York, 1958

Novo Engine Co. v. Amtorg Trading Corp.

Novo Engine Co. v. Amtorg Trading Corp.
Appellate Division of the Supreme Court of New York · Decided January 21, 1958 · Bergan, Botein, McNally, Valente
5 A.D.2d 762; 170 N.Y.S.2d 293; 1958 N.Y. App. Div. LEXIS 7211
Novo Engine Co. v. Amtorg Trading Corp.

Opinion of the Court

Order unanimously reversed, with $20 costs and disbursements to the appellants, and the motion for leave to serve a second amended complaint granted. The second amended complaint is to be served within 20 days from the date of the order of this court. Essentially, the plaintiffs seek to change the theory of damages in conformity with the proof adduced at the prior trial. No opinion.

Concur — Botein, P. J., Valente, McNally and Bergan, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.