Channell v. City of Rochester

Defendant, City of Bochester, seeks permission to serve an amended answer herein containing a cross action against its codefendant, East Avenue Corp. The latter opposes the motion upon the grounds of laches and that it is too late under the statute, section 264 of the Civil Practice Act.

These are actions by plaintiffs to recover damages resulting from injuries sustained by plaintiff wife in October, 1952, when she fell on a sidewalk on the north side of James Street, adjoining the property of defendant, East Avenue Corp. Complaints were served in May, 1953, and defendants answered in the…