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Wimpfheimer v. Wandell

192 A.D. 916 Court N.Y. App. Div. English

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p. 916
Caroline S. Wimpfheimer, Appellant, v. Juanita L. Wandell and Frank M. Tichenor, Individually and as Executors, etc., of Francis Livingston Wandell, Deceased, Respondents.

Plaintiff has complied with the requirements of the order of November 3, 1919. She had a perfect right to make the additional allegations by way of amendment (Backes v. Mechanics & Traders’ Bank, 130 App. Div. 20 ), and the order is reversed, with ten dollars costs and disbursements, and motion denied, with ten dollars costs. Jenks, P. J., Mills, Rich, Blaekmar and Jaycox, JJ., concur.