Fortunato v. Mayor of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Hqlen A. Dawson, as administratrix, etc., of John F. Dawson, deceased, from an order of the Supreme -Court, made at the Hew York Special Term and entered in the office of the clerk of the county of Hew York on the 14th day of March, 1899, denying her motion for leave to serve an amended .answer. ;
1Opinion of the Court
'McLaughlin, J.:
This is an appeal from an order denying a motion made by the -defendant Dawson, as administratrix, for leave to serve a supple*15mental answer. The motion was denied by the learned justice at Special Term on the ground, as appears from his opinion, that the proposed answer was not supplemental to or in continuation of the original answer served; and that he was correct in his conclusion .seems clear when the object of the action and the issues raised by the pleadings are considered.
In 1886, the appellant’s intestate, John F. Dawson, entered into a contract with the city of New…
2Cases cited1 opinion
- Lindenheim v. New York Elevated RailroadAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by1 opinion
- Fortunato v. Mayor of New YorkAppellate Division of the Supreme Court of the State of New York · 1902