Herbert v. De Murias
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Fernando E. De Murías and another, from an order of the Supreme Court, made at the Hew York Special Term and entered in the office of the clerk of the county of Hew York on the 7th day of September, 1906, denying the defendants’ motion for leave to servé an amended answer.
1Per curiam
As a general rule a party should be permitted to put his pleading in such shape as will satisfactorily present every question affecting Ms interest in the litigation, and to this end the court is disposed to use with liberality the power conferred by statute to permit amendments of pleadings during the progress of the action. (Muller v. City of Philadelphia, 113 App. Div. 92.) The exercise of this power, however,. is controlled by the consideration that a party should not, by laches or otherwise, place his opponent at an unfair disadvantage, and for this reason an amendment which otherwise…
2Cases cited1 opinion
- Muller v. City of PhiladelphiaAppellate Division of the Supreme Court of the State of New York · 1906
3Cited by3 opinions
- Rosenberg v. FeieringAppellate Division of the Supreme Court of the State of New York · 1908
- Baum v. StockellAppellate Division of the Supreme Court of the State of New York · 1915
- Lifshitz v. MinskerCity of New York Municipal Court · 1910