American Tobacco Co. v. Riggio Tobacco Corp.

This is a motion to amend the answer and a cross motion to serve a “supplemental” (perhaps “ amended ’’would be more appropriate) complaint. The action has been pending since 1956 and the parties have been engaged in considerable intermediate litigation. The cause has not yet been noticed for trial.(1) Insofar as the defendant’s motion is concerned — to withdraw certain defenses contained in the answer — the amendment requested does not prevent the plaintiff, subject to the rules of evidence upon the trial, from using any admission made by the defendant in the answer, if such admission is…