Abbott v. Meinken
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Philip H. Abbott and others, from 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 17th day of November, 1899, allowing the defendant to serve an amended answer.
1Opinion of the Court
Ingraham, J.:
This action coming on for trial at Part 3 of the Special Term, a branch of the court for the trial of equity causes, and the defendant having moved to amend his answer, it was ordered that the said motion be granted and the defendant granted leave to amend his answer generally, including amended or additional counterclaims, upon condition that the defendant should pay certain costs. There were no facts stated to the court, so far as appears, to justify the court in exercising its discretion in allowing the service of an amended answer. The amended answer allowed substantially…
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