Smith v. Luckenbach
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Mary Smith, as administratrix, etc., from part of an order of the Supreme Court, made at the Kings County Trial Term and entered in the office of the clerk of the county of Kings on the Tth day of April, 1913, and also from an order entered in said clerk’s office on the 20th day of May, 1913, denying the plaintiff’s motion to resettle the first mentioned order.
1Opinion of the Court
Rich, J. :
Upon the trial of this action at a Trial Term, and after all of the evidence of the plaintiff had been received, the defendants’ motion for leave to withdraw a juror for the purpose of permitting them to apply to the Special Term for leave to amend their answer by alleging a new defense was granted “upon condition that they [defendants] pay to the plaintiff Thirty Dollars, trial fee, and the witness fees of the plaintiff on this trial, and upon the further condition that the evidence taken upon this and all the previous trials herein may be read in evidence upon any subsequent trial…
2Cases cited1 opinion
- Palazzo v. Degnon-McLean Contracting Co.Appellate Division of the Supreme Court of the State of New York · 1906