Biasi v. Acme Engineering & Contracting Co. — 172 A.D. 940

Majority

p. 940

Angelo Biasi, an Infant, by Simone Biasi, His Guardian ad Litem, Appellant, v. Acme Engineering and Contracting Company, Respondent.

—Judgment reversed and new trial granted, with costs to appellant to abide event. Held (1), that the notice is a part of the complaint and should be read in connection therewith, and when so read the complaint states a cause of action. (2) Even if the complaint was defective, the court had power under the circumstances of this ease to allow the amendment asked. All concurred.