Bernhardt v. Wagner

Appellate Division of the Supreme Court of New York

Bernhardt v. Wagner

242 A.D. 632

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

DecidedJune 15, 1934

StatusPublished

This text of 242 A.D. 632 (Bernhardt v. Wagner) 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

Bernhardt v. Wagner, 242 A.D. 632 (N.Y. Ct. App. 1934).

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Opinion

Order modified by directing payment by plaintiffs of the costs of the action to the date of the order appealed from as a condition of permitting them to serve the amended complaint, and as so modified affirmed, without costs; the amended complaint to be served on defendant within ten days from the entry of the order herein. In our opinion, the court at Special Term improperly exercised its discretion in permitting the amendment without imposing terms. Young, Hagarty, Carswell, Seudder and Davis, JJ., concur.

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Order modified by directing payment by plaintiffs of the costs of the action to the date of the order appealed from as a condition of permitting them to serve the amended complaint, and as so modified affirmed, without costs; the amended complaint to be served on defendant within ten days from the entry of the order herein. In our opinion, the court at Special Term improperly exercised its discretion in permitting the amendment without imposing terms. Young, Hagarty, Carswell, Seudder and Davis, JJ., concur.

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Bluebook (online)

242 A.D. 632, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bernhardt-v-wagner-nyappdiv-1934.