Robinson

Respondent originally commenced an action for damages against the defendants Southland Produce Company, a corporation, and Liberty Produce Company, a corporation. Answer was filed by Nick Estrin and Philip Garbus, doing business under the name of “Liberty Produce Company, a copartnership,” and denied that that company was a corporation. The Southland Produce Company did not appear. Upon the day of trial counsel for the plaintiff announced that he had received information that the truck which she alleged had caused her personal injuries had been transferred by the Southland Produce Company to the Liberty Produce Company, and that the latter was a co-partnership composed of the two individuals above named. The plaintiff thereupon moved to dismiss the action as to the Southland Company, which was granted, and she then moved for leave to file an amended complaint in accordance with the facts. This latter motion' was denied, and on motion of the remaining defendant, the case was dismissed, the trial court entering an order which recited: “Defendants move to dismiss the case, which motion is by the court granted. ’ ’ Thereafter the plaintiff moved to set aside the order of dismissal,…