Bendan Holding Corp. v. Rodner
This text of 245 A.D. 723 (Bendan Holding Corp. v. Rodner) 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.
Opinion
Order denying defendant’s motion to serve an amended answer reversed on the law, with ten dollars costs and disbursements, and motion granted, with ten dollars costs, upon condition that the date of issue remain the same; the proposed amended answer to be served within five days from the entry of the order herein. Whether or not the proposed defense is meritorious must be decided at the trial. It cannot be determined on affidavits. The courts have adopted a liberal policy in permitting amendments to enable parties to litigate all questions affecting their rights. Lazansky, P. J., Young, Carswell, Tompkins and Johnston, JJ., concur.
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245 A.D. 723, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bendan-holding-corp-v-rodner-nyappdiv-1935.