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FIRTH CARPET CO. v. MATUKA REALTY DEV. CORP.

276 A.D. 784 (1949)

Firth Carpet Company et al, Appellants, v. Matuka Realty Development Corporation, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 28, 1949.

Orders reversed, on the law and the facts, without costs, plaintiffs' motion granted, and defendant's motion denied, without costs.

The supplemental and amended summons and the amended complaint should be served within ten days from the entry of an order hereon.

Nolan, P. J., and Carswell, J., dissent and vote to affirm the orders on the ground that the Special Term's disposition of the motions was not an abuse...

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