Bernhardt v. Wagner

Appellate Division of the Supreme Court of New York

Bernhardt v. Wagner

242 A.D. 632

Appellate Division of the Supreme Court of the State of New York·Decided June 15, 1934·Published

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.

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

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