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Novo Engine Co. v. Amtorg Trading Corp.

5 A.D.2d 762 Court N.Y. App. Div. Decision date 1958-01-21 English

Judges Concur — Botein, P. J., Valente, McNally and Bergan, JJ.

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p. 762
Novo Engine Company et al., Appellants, v. Amtorg Trading Corporation, Respondent.

Order unanimously reversed, with $20 costs and disbursements to the appellants, and the motion for leave to serve a second amended complaint granted. The second amended complaint is to be served within 20 days from the date of the order of this court. Essentially, the plaintiffs seek to change the theory of damages in conformity with the proof adduced at the prior trial. No opinion.

Concur — Botein, P. J., Valente, McNally and Bergan, JJ.