Frank v. Wolf — 85 N.Y.S. 1130

Majority

p. 1130

FRANK et al., Appellants, v. WOLF et al., Respondents.

(Supreme Court, Appellate Division, First Department.

January 8, 1904.)

Headnote

Action by Betty Frank and others against George Wolf and others. From an order denying a

p. 1131

motion to discontinue the action as against certain defendants, and to amend summons and pleadings by striking the names of such defendants therefrom, plaintiffs appeal.

Reversed.

William J. Barr, for appellants. Alfred Steckler, for respondents.

For the reasons stated in the opinion in Chapman et al. v. Wolf (herewith handed down) 85 N. Y. Supp. 638 , the order appealed from should be reversed, and the motion granted, without costs, with leave to the defendant respondent to answer anew, if so advised.