Antonio Palazzo, Respondent, v. Degnon-McLean Contracting Company (a Corporation), Appellant

Antonio Palazzo, Respondent, v. Degnon-McLean Contracting Company (a Corporation), Appellant. First Department, October 19, 1906. Practice — amendment of complaint — what conditions proper. Leave to amend a complaint after the withdrawal of a juror, should be conditioned on payment by the plaintiff of all ta'xable costs to the date of the , motion to amend, with ten dollars costs of that motion. Appeal by the defendant, the Degnon-McLean Contracting Company (a corporation), from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the'county of New York on the 23d day of March, 1906, permitting the plaintiff to servé an amended complaint. James F. Donnelly, for the appellant. Jonathan Deyo, of counsel [Henry J. Goldsmith, attorney], for the respondent. [MAJORITY — Per Curiam:] Per Curiam: This was an action to recover damages for the alleged negligence of the defendant. Upon the trial, at the close of. the case, by peiv mission of the court a juror was allowed to be withdrawn. Thereafter plaintiff moved for leave to amend his complaint in order to enable him to set up with more particularity the defects complained of. The order appealed from granted the motion upon the payment of twenty dollars costs. The order should be modified by providing for the payment by the plaintiff of all taxable costs to the date of the motion, for leave to amend, with ten dollars costs of that motion, and as so modified affirmed, without costs in this court. Present — O’Brien, P. J., Ingraham, Clarke, Houghton and Scott, JJ. Order modified as directed in opinion, and as modified affirmed, without costs. Settle order on notice.