Ryan v. Duffy
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Abraham H. Ryan, as administrator, etc., -of Charles H. Ryan, deceased, 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. 14th day of May, 1900, denying his motion for leave to serve an amended reply.
1Per curiam
The plaintiff seeks to excuse his delay in making this application "because he did not learn the facts until shortly before the motion was made. But this excuse appears only by the affidavit of his .attorney. The plaintiff himself is not sworn. This defect is fatal, and for this reason the denial of the motion was correct and the •order must be affirmed, with ten dollars costs and disbursements, without prejudice, however, to the right of the plaintiff, upon payment of the costs of the appeal and of the motion below, to renew ■upon proper papers.
Present — Van Brunt, P. J., Rumsey, Ingraham,…
2Cited by6 opinions
- Mutual Loan Ass'n v. LesserAppellate Division of the Supreme Court of the State of New York · 1903
- Tompkins v. Continental National BankAppellate Division of the Supreme Court of the State of New York · 1902
- Barnum v. WilliamsAppellate Division of the Supreme Court of the State of New York · 1904
- Driscoll v. Parker Pen Co.Appellate Terms of the Supreme Court of New York · 1913
- Treadwell v. ClarkNew York Supreme Court · 1904
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