Bond v. Erie Railroad — 129 A.D. 898

Majority

p. 898

First Department,

December, 1908.

Ida M. Bond, Respondent, v. Erie Railroad Company, Appellant.

Headnote

Appeal from an order entered in the office of the clerk of the county of Hew York on the 5th day of Hovember, 1908, allowing the plaintiff to serve an amended complaint.

The order appealed from should be modified so that the second clause of said order should read: “ Ordered that the cause retain its place upon general calendar Ho. 1 for the trial of issues of fact according to its old date of issue and without the necessity of a new note of issue.” As so modified the order should be affirmed, with ten dollars costs and disbursements to the respondent. Present —Ingraham, McLaughlin, Clarke, Houghton and Scott, JJ. Order modified as stated in opinion, and as modified affirmed, with ten dollars costs and disbursements to the respondent. Settle order on notice.