Reilly v. Tompkins Cove Stone Co.

The parties having stipulated in writing that this case may be decided by a court of four justices, the decision is as follows: Judgment reversed upon the law and new trial granted, costs to appellant to abide the event. We are of opinion that it was error for the court to deny defendant’s motion to amend its answer by pleading that plaintiff was not the real party in interest. Young, Kapper, Lazansky and Hagarty, JJ., concur.