Varriale v. Metropolitan Street Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal from special term. Action by Fortunato Yarriale against the Metropolitan Street Railway Company. From an order denying defendant’s motion for leave to serve a supplemental answer, it appeals.
1Opinion of the CourtIngraham, J.
I think this motion should have been granted. The case is not different from that of O’Brien v. Railway Co., 27 App. Div. 1, 50 N. Y. Supp. 159. The plaintiff in the action has settled with the defendant, and there is no reason why the defendant should not be allowed to set up, by way of supplemental answer,, the fact of such settlement. The loches are not such as to justify the court in denying the motion. The case has not yet been reached for trial, and there is no evidence that the plaintiff’s attorneys have sustained any injuries in consequence of the delay in making this motion. The…
2Cases cited1 opinion
- O'Brien v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1898
3Cited by4 opinions
- Buser v. JacobowskyAppellate Terms of the Supreme Court of New York · 1908
- Cogan v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1900
- Johnson v. Victoria Chief Copper Mining & Smelting Co.New York Supreme Court · 1908
- Rosenbaum v. BreslauerCity of New York Municipal Court · 1907