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Biasi v. ACME Engineering & Contracting Co.

156 N.Y.S. 1116 Court N.Y. App. Div. Decision date 1916-01-22 English

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p. 1116
Angelo BIASI, an infant, etc., applt., v. ACME ENGINEERING & CONTRACTING CO., respt.
(Supreme Court, Appellate Division, Fourth Department,
January 22, 1916.)

Judgment reversed and new trial granted, with costs to appellant to abide event Held: That the notice is a part of the complaint and should be read in connection therewith, and when so read the complaint states a cause of action. 2. Even if the complaint was defective, the court had power under the circumstances of this case, to allow the amendment asked. All concur.