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Anderson v. Fifth Avenue Coach Co.

222 A.D. 821 Court N.Y. App. Div. English

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p. 821
Margaret Anderson, an Infant, etc., by John E. Anderson, Her Guardian ad Litem, Respondent, v. Fifth Avenue Coach Company, Defendant, and Robert Stites, Appellant.

Order denying motion of defendant Stites to vacate and set aside order permitting the issuance of a supplemental summons and complaint modified by strildng therefrom the provision that the case maintain its position on the trial calendar, and by providing that plaintiff be required to file a new notice of trial and a new note of issue. As so modified, the order is affirmed, without costs. No opinion. Young, Kapper, Hagarty, Seeger and Carswell, JJ., concur.