Black v. Black

Defendant moves for leave to serve an amended answer alleging certain facts necessary to his answer and setting forth an affirmative defense and a counterclaim. Plaintiff opposes the motion. She urges, among other things, vigorous opposition to the motion upon the ground that defendant violated rule VIII-a of the Appellate Division Rules for Special Terms, New York County, and rule 278 of the Rules of Civil Practice and accordingly, in the court’s discretion, the motion should be denied.

I find no merit to plaintiff’s argument in this respect. If there be such a violation it may not be…