Horowitz v. Kempner

Motion by defendant for permission to serve an amended answer.

The action is against one claiming to be the widow of Emil Horowitz, deceased, for a declaration that the marriage between defendant and the deceased is void and that plaintiff is the lawful widow of said deceased. The answer is, in effect, a general denial. The proposed amended answer seeks to add a separate and distinct defense of res judicata. The answer alleges the filing by plaintiff, as the alleged widow of decedent, of a claim for payment of a lump sum death benefit with the Bureau of Old Age and Survivor’s Insurance of the…