Rodgers v. Clement
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, John C. Rodgers, from an order of the ^Supreme Court, made at the New York Special Term and entered :in the office of the clerk of the county of New York on the 20th •day of August, 1900, granting the defendant’s motion for leave to •amend his answer.
1Per curiam
Tire order allowing' an amendment of the answer herein should not have been granted on the affidavit ón which alone the motion for leave to amend was founded. That affidavit was made by one ■of the attorneys of record for the defendant. The proposed amendment consists of the omission from the answer as it was originally framed of an admission of fact which the Court of Appeals has held to be a crucial one connected with the merits of the controversy. To expunge that admission is radically to change the •course of the litigation. Whether the fact admitted is trúe or not rests in the knowledge…
2Cases cited1 opinion
- Cross v. National Fire InsuranceNew York Supreme Court · 1889