Huebshman v. Kugelman
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Julius G. Kugelman and another, 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 21st day of May, 1920, denying the defendants' motion for an order to compel the plaintiff to accept service of an amended answer.
1Opinion of the Court
Smith, J.:
On April 15, 1920, the original answer was" served. On April nineteenth the plaintiff demurred to the separate defense set up. The issue of law raised by the demurrer was brought on by plaintiff for argument as a contested motion on May 1, 1920, and on May 5, 1920, an order was entered sustaining the demurrer to the separate defense. The decision upon the demurrer sustained the demurrer, with ten dollars costs, with leave to defendants to apply at Special Term within ten days on payment of said costs and on affidavits showing merit for permission to amend their answer. After the…
2Cases cited4 opinions
- Guenther v. Ridgway Co.Appellate Division of the Supreme Court of the State of New York · 1915
- Plumb v. Whipples & GatesNew York Supreme Court · 1851
- Guenther v. Ridgway Co.Appellate Division of the Supreme Court of the State of New York · 1916
- Langer v. SwaseyNew York Supreme Court · 1907
3Cited by2 opinions
- City of Yonkers v. MooreAppellate Division of the Supreme Court of the State of New York · 1932
- Angelini v. Merchants Despatch Transportation Co.Appellate Division of the Supreme Court of the State of New York · 1938