Ansorge v. Armour

Appellate Division of the Supreme Court of New York

Ansorge v. Armour

247 A.D. 109, 286 N.Y.S. 201, 1936 N.Y. App. Div. LEXIS 8194

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 13, 1936

StatusPublished

This text of 247 A.D. 109 (Ansorge v. Armour) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ansorge v. Armour, 247 A.D. 109, 286 N.Y.S. 201, 1936 N.Y. App. Div. LEXIS 8194 (N.Y. Ct. App. 1936).

Pincite

Opinion

Per Curiam.

The amended complaint does not allege a new cause of action; the allegations regarding changed circumstances would have been provable under the original complaint; and if there had been a recovery upon the original complaint, that recovery would have been a bar to any recovery under the amended pleading. The imposition of costs was not mandatory, but discretionary.

The order appealed from should accordingly be reversed, with twenty dollars costs and disbursements, and the original order of September 27, 1935, reinstated, with leave to the plaintiff to serve the amended complaint within ten days from entry of the order to be entered hereon.

[110]*110Present — McAvoy, Townley, Untermyer, Dore and Cohn, JJ.

Order so far as appealed from reversed, with twenty dollars costs and disbursements, and the order entered September 27, 1935, reinstated, with leave to the plaintiff to serve the amended complaint within ten days after service of order.

Free access — add to your briefcase to read the full text and ask questions with AI

Per Curiam.

The amended complaint does not allege a new cause of action; the allegations regarding changed circumstances would have been provable under the original complaint; and if there had been a recovery upon the original complaint, that recovery would have been a bar to any recovery under the amended pleading. The imposition of costs was not mandatory, but discretionary.

The order appealed from should accordingly be reversed, with twenty dollars costs and disbursements, and the original order of September 27, 1935, reinstated, with leave to the plaintiff to serve the amended complaint within ten days from entry of the order to be entered hereon.

[110]*110Present — McAvoy, Townley, Untermyer, Dore and Cohn, JJ.

Order so far as appealed from reversed, with twenty dollars costs and disbursements, and the order entered September 27, 1935, reinstated, with leave to the plaintiff to serve the amended complaint within ten days after service of order.

Cite This Page — Counsel Stack

Bluebook (online)

247 A.D. 109, 286 N.Y.S. 201, 1936 N.Y. App. Div. LEXIS 8194, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ansorge-v-armour-nyappdiv-1936.