Reilly v. Sicilian Asphalt Paving Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Sicilian Asphalt Paving Company, 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 11th day of December, 1896, denying its motion for leave to serve a supplemental answer. This action is brought to recover damages for personal injuries alleged to have been sustained through the negligence of the defendant.
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Appeal by the defendant, The Sicilian Asphalt Paving Company, 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 11th day of December, 1896, denying its motion for leave to serve a supplemental answer. This action is brought to recover damages for personal injuries alleged to have been sustained through the negligence of the defendant. Issue was joined on the 7th day of August, 1895. Thereafter, an amended complaint, increasing the demand for damages, was received, and issue was finally joined by…
1Opinion of the Court
O’Brien, J.:
The District Court judgment was recovered and satisfied subsequent to the service of the answer in this action ; and, unless some good legal reason was shown to the contrary, the motion should have been granted. As appears by the memorandum of the learned judge at Special Term, questions of laches and good faith were eliminated, and his denial was placed upon the case of Perry v. Dickerson (85 N. Y. 345) which he concluded was an authority against .the validity of the defense sought to be interposed by the supplemental answer. In that case the plaintiff brought an action to…
2Cases cited3 opinions
- Secor v. . SturgisNew York Court of Appeals · 1858
- Perry v. . DickersonNew York Court of Appeals · 1881
- Nathans v. . HopeNew York Court of Appeals · 1879
3Cited by3 opinions
- Reilly v. Sicilian Asphalt Paving Co.Appellate Division of the Supreme Court of the State of New York · 1898
- Cahnmann v. Metropolitan Street Railway Co.Appellate Terms of the Supreme Court of New York · 1902
- Cahnmann v. Metropolitan Street Railway Co.City of New York Municipal Court · 1901