Macaulay v. Culp & McCauley

We think that the authorities cited by the learned Special Term did not require it to deny the motion of the plaintiff for amendment, but that the application was within the purview of section 733 of the Code of Civil Procedure. The order is, therefore, reversed, with ten dollars costs and disbursements, and the application remitted to the Special Term. Jenks, P. J., Hirschberg, Burr, Carr and Rich, JJ., concurred.