Lapides v. Pecoraro
New York Supreme Court
1Opinion of the CourtRodenbeck, J.
The proposed amendment is in the interest of a .narrowing of the issues and should be allowed. (Civ. Prac. Act, § 105; Davis v. N. Y., L. E. & W. R. R. Co., 110 N. Y. 646; Thilemann v. Mayor of N. Y., 71 App. Div. 595; Goldstein v. Schleifer, 209 id. 899; Milliken v. McGarrah, 164 id. 110; Gedney v. Diorio, 190 id. 85.) The complaint is for goods sold and delivered by plaintiff's intestate, to which a general denial has been interposed. The plaintiff wishes to amend by inserting the items of the account so as- to compel the defendant to specifically deny each item. If *366this can be accomplished…
2Cases cited1 opinion
- Thilemann v. Mayor of New YorkAppellate Division of the Supreme Court of the State of New York · 1902