Rogers Peet Co. v. Hillman
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Sidney Hillman and others, from so much of an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 14th day of December, 1921, as denies defendants’ motion for leave to open their default in serving an amended answer, and to vacate and set aside a judgment dismissing their counterclaim and for leave to serve an amended answer.
1Opinion of the Court
Greenbaum, J.:
The action was commenced on September 5, 1919. When it was about to be reached for trial in the fall of 1920, plaintiff moved to further amend its amended complaint. The motion was granted. The second amended complaint charged the defendants with conspiracy to monopolize and control the clothing trade, and that, in furtherance of such conspiracy, they called a strike against the plaintiff, although there were no grievances against it as to wages, hours or shop conditions.
Amended answers to the amended complaint were served by the several defendants, in which, among other…
2Cases cited1 opinion
- Guaranty Trust Co. v. SchmidtAppellate Division of the Supreme Court of the State of New York · 1919
3Cited by1 opinion
- Rogers Peet Co. v. HillmanAppellate Division of the Supreme Court of the State of New York · 1922