Vaden v. John Schleicher Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Sarah A. Vaden, from so much of an order of the Supreme Court, made at the Westchester Special Term and entered in the office of the clerk of the county of Westchester on the 18th day of December, 1914, as grants to the defendants permission to serve a second amended answer alleging an additional counterclaim of $14,350.
1Opinion of the Court
Rich, J.:
The action is brought to foreclose a mortgage. The original answer was a general denial, and contained a separate defense of extension. It was served on September 28, 1914; on October twentieth following an amended answer was served, setting forth the same defenses and a counterclaim for $6,300, to which the plaintiff replied on the same day. On November twenty-eighth, following, the defendants moved, upon the affidavit of their attorney, for leave to serve a further amended unverified answer, alleging an additional counterclaim of $14,360, and for an order permitting all questions…
2Cases cited3 opinions
- Jacobs v. Mexican Sugar Refining Co.Appellate Division of the Supreme Court of the State of New York · 1906
- Driscoll v. Parker Pen Co.Appellate Terms of the Supreme Court of New York · 1913
- Lane v. SmyerAppellate Division of the Supreme Court of the State of New York · 1913
3Cited by1 opinion
- Kamen v. StateNew York Court of Claims · 1962