Opinion
October 10, 1949.
Present — Peck, P.J., Glennon, Cohn, Callahan and Shientag, JJ.
Judgment and orders unanimously affirmed, with costs to the respondents. The allegations sought to be added by the amended and supplemental complaint are factually nothing more than nonpayment of first mortgage interest and taxes. This is not waste in a legal sense. In the absence of showing fraud or some obligation on the part of defendant owing to plaintiff to make such payments, neither the proposed amended nor supplemental complaint make out a cause of action. Settle order on notice.