Majority
p. 615Martha E. Bowen, as Administratrix of the Estate of James Bowen, Deceased, Appellant, v. Phoenix Bridge Company, Respondent. (Submitted April 27, 1910; decided May 17, 1910.)
Headnote
Bowen v. Plumix Bridge &o., 134 App. Div. 22 , reversed.Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 9,1909, which reversed an order of Special Term granting a motion for leave to amend the summons and complaint in the above-entitled action and denied said motion.
The following question was certified: “ Whether the Supreme Court at Special Term had the power, upon the papers submitted, to grant the amendments appearing in the amended summons and complaint % ”
Ed/win A. Poison for appellant.
Pa/niel J. Eenefieh for respondent.
Order of Appellate Division reversed and that of Special Term affirmed, with costs in both courts, on the authority of Johnson v. Phœnix Bridge Co. ( 197 N. Y. 316 ). Question certified answered in the affirmative; no opinion.
Concur: Cullen, Ch. J., Gray, Haight, Vann, Werner and Hiscock, JJ.
Cases cited
- Johnson v. Phœnix Bridge Co. 197 N. Y. 316 p. 615