Jenkins v. Hall — 66 N.Y. St. Rep. 201

Majority

p. 201

Henry B. Jenkins et al., Resp’ts, v. Gilbert Hall et al., App’lts.

(Supreme Court, General Term, Second Department,

Filed March 5, 1895)

Headnote

Pleading—Amendment

The omission in a complaint, in an action in the city court, of an allegation that the defendant is a resident of the city, may be supplied by amendment.

Appeal from an order, amending the complaint by inserting an allegation of residence.

John F. Brennan, for app’lt Gilbert Hall; James A. O'Gorman, for resp’ts.

This is an appeal from an order of the city court of Mt. Vernon allowing an amendment to the complaint in this action by alleging the defendant Gilbert Hall to be in the city of Mt. Vernon. The amendment was in the interest of justice, and the order should be affirmed, with $10 costs and disbursements.

All concur.