Judgment and order insofar as appealed from unanimously affirmed, with costs.
The judgment is supported by the proof, and any variance between the pleading and the proof may be disregarded as immaterial. (Civ. Prac. Act, § 434; cf. Thorne Neale & Co. v. New York So. Coal Term. Corp., 270 App. Div. 816, affd. 295 N.Y. 977, and Slotnick v. Klein, 280 App...
Let's get started

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.