James-Smith v. Rottenberg

In an action (1) to recover damages for breach of a contract of sale of real property and (2) upon a check, plaintiff appeals from an order of th.e Supreme Court, Rockland County, dated October 31, 1968, which granted defendant’s motion for leave to serve an amended answer. Order reversed, on the law and the facts, with $10 costs and disbursements, and motion denied. Respondent’s answer, which was served on June 14, 1966, contained general denials. By notice of motion dated August 30, 1968 he moved to amend his answer by setting forth the affirmative defenses of fraud and illegality. At this…