Ritner v. Holbrook, Cabot & Rollins Corp.

175 A.D. 942 Court N.Y. App. Div. English

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Majority

p. 942

William A. Ritner, Respondent, v. Holbrook, Cabot & Rollins Corporation, Appellant.

The learned trial court had no discretionary power to allow the amendment to plaintiff’s reply, which had the effect of

p. 943

creating a cause of action where none existed. The allowance of the amendment was an error, therefore, for which the judgment must be reversed and a new trial granted, costs to abide the final award of costs. Jenks, P. J., Carr, Mills, Rich and Putnam, JJ., concurred.