Baum v. Elias
Appellate Terms of the Supreme Court of New York
Appeal by the plaintiff from so much of an order of thCity Court of the city of New York as grants defendant’■motion for leave to amend his answer, without terms.
1Opinion of the CourtMacLean, J.
The jury having been impaneled, the plaintiff’s counsel moved for judgment on the pleadings, inasmuch as in his answer, the defendant declared: “ He has no knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraphs I and III of said complaint,” thus departing from the phraseology of section 500 (1), Code of Civil Procedure, by omitting “ thereof ” and interpolating “ the truth of.” Ho point was or is made of inserting “ the truth of,” but, deferring to the rulings in Rochkind v. Perlman, 123 App. Div. 808, and Jurgens v. Wichmann, 124 id.…
2Cases cited2 opinions
- Rochkind v. PerlmanAppellate Division of the Supreme Court of the State of New York · 1908
- Hidden v. GodfreyAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by1 opinion
- Jacobs v. WanamakerCity of New York Municipal Court · 1912