Lent v. Title Insurance
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Special Term. Action by Solomon Lent against the Title Insurance Company of New York. From an order of the City Court of New York granting plaintiff’s iriotion to amend his complaint, defendant appeals.
1Opinion of the CourtSeabury, J.
The defendant appeals from an order permitting the plaintiff to amend his complaint. The order was based upon an affidavit made by the plaintiff’s attorney, and failed to show that the affiant had any knowledge of the additional facts sought to be incorporated in the complaint by the proposed amendment. The affidavit upon which the motion was made was insufficient as a basis for granting the relief sought. Tompkins v. Continental National Bank. 71 App. Div. 330, 75 N. Y. Supp. 1099; Rhodes v. Lewin, 83 App. Div. 369, 54 N. Y. Supp. 106.
Order reversed, with $10 costs and disbursements. All…
2Cases cited3 opinions
- Rhodes v. LewinAppellate Division of the Supreme Court of the State of New York · 1898
- Tompkins v. Continental National BankAppellate Division of the Supreme Court of the State of New York · 1902
- Jacobs v. EdelsonAppellate Division of the Supreme Court of the State of New York · 1903