Legal Opinion

Halleran v. Day

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

Decided June 15, 1931Published

1Opinion of the Court

Motion for leave to appeal to the Court of Appeals denied. On the record before us we regard the amendment to the complaint as one merely in amplification or correction of the earlier pleading. (Kent v. Erie R. R. Co., 201 App. Div. 293; see, also, 12 Cornell Law Quarterly, 525.) There is no reason why the defendant cannot set up the Statute of Limitations as a defense and seek to establish the fact that the statute has run against the new matters set up in the amended complaint. Present — Lazansky, P. J., Young, Kapper, Scudder and Tompkins, JJ.

2Cases cited1 opinion

  1. Kent v. Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1922