Cogswell v. Cogswell

Defendant moves for leave to serve an amended answer. A copy of the proposed answer was served with his motion papers and his affidavit presents a sufficient excuse. The defendant’s motion should be granted and the proposed answer as served upon plaintiff’s attorney may be deemed served for all purposes of this case and will be considered upon this motion as defendant’s pleading herein.

The parties to this action were married on December 28, 1905, and lived together until November 16, 1918, when they separated and they have since lived separate and apart. They have three children. On January…