New v. Aland
New York Supreme Court
Action upon a note of $392.70. Appeal from an order of the Oneida county court, which by its terms permitted the defendant to serve “ an amended answer setting up such defenses as he shall be advised within twenty days upon the payment to plaintiff of the sum of fifteen dollars costs.” The motion of defendant in the county court was based upon a proposed amended answer containing the defenses of payment, breach of contract and four counter-claims of $1,000 each.
1Opinion of the Court
The Court.
—Held, First. That the order is appealable and the merits will be reviewed.
Second. That the order granted was erroneous and should *187be modified so that the only right which the defendant shall have thereunder, shall be the right to serve the proposed amended answer set out in the appeal book, and as so modified, affirmed, with ten dollars costs and disbursements, to be paid by the respondent.
2Cited by3 opinions
- Rosenberg v. FeieringAppellate Division of the Supreme Court of the State of New York · 1908
- Callahan v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1904
- Gaylord v. BeardsleyNew York Supreme Court · 1892