Legal Opinion

Cohen v. Dana

Appellate Division of the Supreme Court of the State of New York

Decided May 17, 1948PublishedCited by 9 opinions

1Opinion of the Court

— In a stockholders’ action, order denying appellants’ motion for leave to amend their answers to add an affirmative defense thereto, reversed on the law, with $10 costs and disbursements, and the motion granted, with $10 costs. It not appearing that the defense was palpably insufficient, its validity should not have been determined on a motion to serve an amended pleading. (Newman v. Goldberg, 250 App. Div. 431; Coron v. Lineks, 259 App. Div. 924; Gillette v. Allen, 269 App. Div. 441, 449.) Lewis, P. J., Carswell, Nolan, Sneed and Wenzel, JJ., concur.

2Cases cited3 opinions

  1. Gillette v. AllenAppellate Division of the Supreme Court of the State of New York · 1945
  2. Coron v. LincksAppellate Division of the Supreme Court of the State of New York · 1940
  3. Newman v. GoldbergAppellate Division of the Supreme Court of the State of New York · 1937

3Cited by9 opinions

  1. McAvoy v. Di Leo, New York County Courts1963
  2. Blessington v. McCrory Stores Corp.New York Supreme Court · 1949
  3. Hasen v. ApselNew York Supreme Court · 1959
  4. Martin v. KatzAppellate Division of the Supreme Court of the State of New York · 1962
  5. Minasy v. Foster Wheeler Corp.Appellate Division of the Supreme Court of the State of New York · 1962

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