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Whitestone Realty Corp. v. Malba Properties

Appellate Division of the Supreme Court of New York, Second Department
Jun 10, 1957
4 A.D.2d 688 (N.Y. App. Div. 1957)

Opinion

June 10, 1957


In an action to recover damages for respondent's alleged misrepresentation of the rentals payable by tenants in certain realty purchased by appellant, the appeal is from an order denying appellant's motion to serve an amended complaint. Order reversed, with $10 costs and disbursements, and motion granted. The amended complaint is to be served within 10 days after the entry of the order hereon. In our opinion, appellant's attempt at amendment, designed merely to change the alleged valuations of the property upon which its damages were calculated, worked no prejudice upon respondent. The merits and legal sufficiency of the proposed amended complaint should be left to the subsequent course of this action ( Coron v. Lincks, 259 App. Div. 924; Cohen v. Dana, 273 App. Div. 1017; Bendan Holding Corp. v. Rodner, 245 App. Div. 723). Nolan, P.J., Wenzel, Beldock, Hallinan and Kleinfeld, JJ., concur.


Summaries of

Whitestone Realty Corp. v. Malba Properties

Appellate Division of the Supreme Court of New York, Second Department
Jun 10, 1957
4 A.D.2d 688 (N.Y. App. Div. 1957)
Case details for

Whitestone Realty Corp. v. Malba Properties

Case Details

Full title:WHITESTONE REALTY CORP., as Assignee of CHARLES GLOGOWER, Appellant, v…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 10, 1957

Citations

4 A.D.2d 688 (N.Y. App. Div. 1957)

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