Ithaca Homes, Inc. v. Woodner

Action for specific performance and for an injunction. Order denying plaintiff’s motion for an order permitting it to serve an amended complaint affirmed, without costs. On the argument of the appeal respondents stipulated that on the trial plaintiff may prove under the present complaint all that is alleged in the proposed amended complaint. Carswell, Acting P. J., Johnston, Wenzel, MaeCrate and Schmidt, JJ., concur. [See post, p. 932.]