Bruns v. Brooklyn Citizen
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Laura B. Bruns, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 7th day of June,, 1904, granting the defendant’s motion for leave to serve an amended answer to the plaintiff’s complaint.
1Opinion of the Court
Per Curiam :
The action is for libel, and the answer which raised the issues presented upon the first trial, which resulted in a disagreement of the jury, did not plead justification. Subsequent to the trial the defendant made a motion for leave to serve an amended answer setting up justification ; the court granted the motion, but imposed no terms as a condition. The plaintiff appeals from the order.
We think that the learned court at Special Term did not abuse its discretion in permitting the defendant to present the new issue, but terms should have been imposed. It is the uniform practice…
2Cases cited1 opinion
- Thilemann v. Mayor of New YorkAppellate Division of the Supreme Court of the State of New York · 1902
3Cited by4 opinions
- United States Drainage & Irrigation Co. v. LucasAppellate Division of the Supreme Court of the State of New York · 1913
- Breisacher v. McAuleyAppellate Terms of the Supreme Court of New York · 1911
- Dedekick v. ConoverAppellate Division of the Supreme Court of the State of New York · 1913
- Lifshitz v. MinskerCity of New York Municipal Court · 1910