Hyperlawhypertext legal database Flynn v. New York Elevated Railroad 49 N.Y. Super. Ct. 536

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Flynn v. New York Elevated Railroad

49 N.Y. Super. Ct. 536 17 Jones & S. 536 Court N.Y. Super. Ct. Decision date 1883-05-16 English

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p. 536
James S. Flynn, respondent, v. The New York Elevated R. R. Co., appellant.
Decided May 16, 1883.

Headnote

Appeal by defendant from order allowing plaintiff to discontinue the .action against a co-defendant and allowing plaintiff to serve an amended complaint.
Deyo, Duer & Bauerdorf, for appellant. Louis J. Grant, for respondent.

Sedgwick, Ch. J., Truax and Ingraham, JJ., sitting. Per Curiam.—The present appellants had no interest in the discontinuance or maintenance of the action against their former co-defendants. - The amendment allowed did not make in the amended complaint' any other cause of action, than was relied on in the original complaint. The judge belpw had power to allow the amendment and it does not appear that his discretion in the matter was improperly exercised. Order affirmed, with $10 costs.