Tompkins v. Continental National Bank
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Robert J. McGay, 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 13th day of March, 1902, denying the said defendant’s motion to amend his answer. _■ •
1Opinion of the Court
Patterson, J.:
By the order from which this appeal is taken a motion made by. the defendant Robert J. McGay, to be allowed to serve an amended answer to the complaint was denied. The order should be affirmed. The application was made upon an affidavit of the attorney for the defendant Robert J. McGay, in -which it is stated that since the verifying of the answer it has come to the knowledge of deponent that certain facts upon which an amended answer was sought to be interposed existed. No affidavit was made by the defendant McGay, and we have held time and again that affidavits of this…
2Cases cited1 opinion
- Ryan v. DuffyAppellate Division of the Supreme Court of the State of New York · 1900
3Cited by3 opinions
- Barnum v. WilliamsAppellate Division of the Supreme Court of the State of New York · 1904
- Barrell v. Van WagenenAppellate Division of the Supreme Court of the State of New York · 1905
- Lent v. Title InsuranceAppellate Terms of the Supreme Court of New York · 1909