Franck v. Byron W. Greene, Jr., Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Byron W. Greene, Jr., Company, from an order of the Supreme Court,, made at the Westchester Special Term and entered in the office of the clerk of the county of Westchester on the 8th day of November, 1909, as resettled by an order entered on the 17 th day of November, 1909, denying thé defendant’s motion for leave to serve a supplemental answer.
1Opinion of the Court
Jenks, J.:
The defendant appeals from an order of the. Special Term that denies a. motion for leave to serve a supplemental answer. The action is to recover damages for a- breach of a contract to remove certain buildings. The answer is, in effect, a general denial. The proposed supplemental answer pleads that the defendant sued the plaintiff in the Municipal Court for.work, labor and services incident to the removal of the buildings, on the groiind that the plaintiff had failed to perform the contract on his part; that after trial . the defendant recovered a judgment; that such judgment is a…
2Cases cited2 opinions
- Lytle v. CrawfordAppellate Division of the Supreme Court of the State of New York · 1902
- Conried v. WitmarkAppellate Division of the Supreme Court of the State of New York · 1902