Majority
p. 905Samuel Goldstein, Respondent, v. Julius E. Schick and J. E. Schick & Co., Inc., Appellants.
Order denying motion to amend final judgment by eliminating the direction that defendants pay a certain amount of money into court reversed on the law and the facts, without costs, and motion granted, without costs. The amendment sought by defendants related to an error of form and not to a matter of substance. It was, therefore, proper to amend and not to appeal from the judgment. (Simmons v. Craig, 137 N. Y. 550 .) Lazansky, P. J., Young, Carswell, Scudder and Tompkins, JJ., concur.
Cases cited
- Simmons v. Craig 137 N. Y. 550 p. 905