Brady v. Nally
The Superior Court of New York City
Motion for leave to amend a reply. Action by James H. Brady against Catharine Nally for services. The answer contained several counterclaims. After the cause had been submitted to the referee and he had made his findings, plaintiff moved to amend his reply by setting up a counter-claim to one of the counter-claims in the answer.
1Opinion of the Court
McAdam, J
The cause was finally submitted to the referee, who has decided the issues, and the motion for leave to amend the reply is made too late. The amendment applied for is not to sustain the referee’s judgment, but to make it irregular. Another objection to the motion is, that the reply sought to be interposed sets up an independent counterclaim to extinguish another counterclaim pleaded by the defendant; a practice not authorized (66 How. Pr. 150, 13 Civ. Pro. R. 265). In addition to this, it does not appear that the alleged counter-claim belonged to the plaintiff at the commencement of…
2Cases cited1 opinion
- Cohn v. HussonCity of New York Municipal Court · 1883