Legal Opinion
Minasy v. Foster Wheeler Corp.
Appellate Division of the Supreme Court of the State of New York
Decided February 20, 1962PublishedCited by 2 opinions
1Opinion of the Court
“The general policy of the law is to permit amendments at any time before * * *' trial 3 * where no prejudice will result.” (4 Carmody-Wait, New York Practice, § 26, p. 568.) Under the circumstances here, defendant’s alleged laches should not defeat the application to amend his answer to set forth the proposed defense of the Statute of Frauds, the plaintiff at all times being fully aware of the facts constituting the alleged basis of such defense and no prejudice to him being shown. (See 4 Carmody-Wait, New York *760Practice, § 26, pp. 568-571; also Mitchell v. A. A. Truck Renting Corp., 9 A D 2d…
2Cases cited6 opinions
- Muller v. City of PhiladelphiaAppellate Division of the Supreme Court of the State of New York · 1906
- Bendan Holding Corp. v. RodnerAppellate Division of the Supreme Court of the State of New York · 1935
- Anderson v. New York Central RailroadAppellate Division of the Supreme Court of the State of New York · 1954
- Cohen v. DanaAppellate Division of the Supreme Court of the State of New York · 1948
- Karp v. AntelmanAppellate Division of the Supreme Court of the State of New York · 1955
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Frank Fahey v. County of OntarioAppellate Division of the Supreme Court of the State of New York · 1977
- Singer v. Beneficial National Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1976