Tlusty v. Gillespie-Rogers-Pyatt Co.

MOSCOWITZ, District Judge.

This is an action for personal injuries due to the alleged negligence of the defendant.

The complaint alleges diversity of citizenship and that the amount in controversy exceeds, exclusive of interest and costs, the sum of $3,000. The answer admitted the third paragraph of the complaint which reads as follows: “Third: That the amount in controversy herein exceeds, exclusive of interest and costs, the sum of $3,000.” Upon the trial the Court permitted the answer to be amended by denying this paragraph of the complaint.

Regardless of the admission or denial the Court…