Peterson v. Felt
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Emily L. Felt, 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 15th day of March, 1901, denying said defendant’s motion for leave to serve an amended answer, and also from an order entered in said clerk’s office on the 18th day of March, 1901, denying a motion for a reargument of said motion.
1Opinion of the Court
Hatch, J.:
This action was brought to foreclose a mechanic’s lien filed partly for work and materials furnished in completing a contract between the defendant and the firm of Johnson & Peterson, for the creditors of which the plaintiff is the trustee, and partly for alleged extra work.
The action was commenced March 16, 1900. The answer was served May 25, 1900, and after certain admissions sets up payments and counterclaims. The proposed amended answer sets up additional payments and corrects alleged errors in amounts of certain payments as averred in the original answer.
The principal ground…
2Cases cited1 opinion
- In re GroutNew York Supreme Court · 1894
3Cited by1 opinion
- Romeas v. BoettgerAppellate Terms of the Supreme Court of New York · 1910