Hilton Watch Co. v. Benrus Watch Co. (282 A.D. 939, 1953)

Order, so far as appealed from, affirmed, with $20 costs and disbursements to the respondents. No opinion. Present — Peek, P. J., Dore, Callahan, Breitel and Bastow, JJ.; Peck, P. J., and Bastow, J., dissent and vote to modify so as to grant leave to serve amended complaint substituting the proposed fourth cause of action in the designated supplemental complaint for the second cause of action in the original complaint. This conforms with the reality of the situation. [See 283 App. Div. 655.]