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Thomas Breen Co. v. Monarch Ventilator Co.

155 N.Y.S. 1144 Court N.Y. App. Div. Decision date 1915-10-06 English

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p. 1144
THOMAS BREEN CO., Appellant, v. MONARCH VENTILATOR CO., Respondent.
(Supreme Court, Appellate Division, Fourth Department.
October 6, 1915.)

Headnote

Action by the Thomas Breen Company against the Monarch Ventilator Company.

Order affirmed, with $Í0 costs and disbursements. Held: (1) That the court at Special Term had power to allow the amendment and no abuse of discretion has been shown. (2) That this order does not prejudice the plaintiff’s right to move for a discontinuance of the action upon proper terms, if so advised.