Legal Opinion
Allen Industries, Inc. v. Exquisite Form Brassiere, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided February 20, 1962PublishedCited by 1 opinion
1Opinion of the Court
The proposed amended answer contains only additional denials, and an elaboration of the affirmative defenses in the original answer which plaintiff had attacked for legal insufficiency. In consequence, the attorney’s affidavit in support of the cross motion for leave to amend is sufficient (cf. Merker v. Merker, 8 A D 2d 706). For purposes of the cross motion it is unnecessary to pass upon the sufficiency, either in substance or in form, of the defenses asserted in the proposed amended answer (Tripp, A Guide to Motion Practice [rev. ed.], § 37, subd. 6, p. 110). It suffices to defeat…
2Cases cited7 opinions
- Stevenson v. News Syndicate Co.New York Court of Appeals · 1950
- Mahar v. . Harrington Park Villa SitesNew York Court of Appeals · 1912
- Ettlinger v. . National Surety Co.New York Court of Appeals · 1917
- Miller v. SpitzerAppellate Division of the Supreme Court of the State of New York · 1928
- Psaty & Fuhrman, Inc. v. Continental Casualty Co.Appellate Division of the Supreme Court of the State of New York · 1951
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3Cited by1 opinion
- H. H. & F. E. Bean, Inc. v. Travelers Indemnity Co.Appellate Division of the Supreme Court of the State of New York · 1979