O'Reilly v. Skelly — 102 N.Y.S. 886

Majority

p. 886

(117 App. Div. 562)

O’REILLY v. SKELLY et al.

(Supreme Court, Appellate Division, First Department.

February 8, 1907.)

Headnote

Appeal from Special Term, New York County.

Action by Sarah A. O’Reilly, as executrix, against Patrick Skelly and others. Prom an order directing plaintiff to serve an amended complaint, separately stating and numbering the causes of action attempted to be alleged in the complaint, plaintiff appeals. Affirmed.

Argued before PATTERSON, P. J., and INGRAHAM, LAUGH-LIN, CLARICE, and SCOTT, JJ.

Johnston & Johnston (Edward W. S. Johnston, of counsel), for appellant.

Clarke & Clarke (Richard H. Clarke, Jr., of counsel), for respondents.

This is an appeal from an order requiring the service of an amended complaint, and the matters relating thereto have been considered in the memorandum on the appeal from the order of December 27, 1906, handed down herewith. 102 N. Y. Supp. 884 .

The order appealed from should be affirmed, without costs.