Demuth Glass Manufacturing Co. v. Early
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Joseph FT. Early and another, constituting the firm of Jo.hn Early’s Sons, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 7th day of December, 1908, denying the defendants’ motion for leave to serve an amended answer.
1Opinion of the Court
Woodward, J.:
The summons and complaint in this action were served in 1902 ; the answer in November of the. same year. This answer admitted liability in the sum of $1,313.30. The case has been permitted to drag along, and at one time the defendants secured an order dismissing the complaint on the ground of a failure to prosecute. Subsequently on appeal this court reversed the order, because of the fact that the answer admitted the liability above stated. (128 App. Div. 893.) The defendants then .moved the court to permit of the serving of an amended answer, which proposed amended answer…
2Cases cited1 opinion
- Mayor of New York v. Manhattan Railway Co.New York Court of Appeals · 1894
3Cited by1 opinion
- Friedman v. BlaunerAppellate Division of the Supreme Court of the State of New York · 1927