Estersohn v. Hardy Metal Specialties, Inc.

Appellate Division of the Supreme Court of New York

Estersohn v. Hardy Metal Specialties, Inc.

277 A.D.2d 891

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

DecidedJune 19, 1950

StatusPublished

This text of 277 A.D.2d 891 (Estersohn v. Hardy Metal Specialties, Inc.) 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

Estersohn v. Hardy Metal Specialties, Inc., 277 A.D.2d 891 (N.Y. Ct. App. 1950).

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Opinion

Order granting defendants’ motion to amend their answer so as to include the defense of the Statute of Frauds, which motion was made about four years after the joinder of issue, affirmed, with $10 costs and dis[892]*892bursements, with, leave to defendants to serve an amended answer within ten days from the entry of the order hereon. That the proposed additional defense had been omitted from the answer through inadvertence has not been satisfactorily controverted, and the plaintiff has not shown that he will be prejudiced by the amendment. Carswell, Acting P. J., Johnston, Adel, Wenzel and MacCrate, JJ., concur.

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Order granting defendants’ motion to amend their answer so as to include the defense of the Statute of Frauds, which motion was made about four years after the joinder of issue, affirmed, with $10 costs and dis[892]*892bursements, with, leave to defendants to serve an amended answer within ten days from the entry of the order hereon. That the proposed additional defense had been omitted from the answer through inadvertence has not been satisfactorily controverted, and the plaintiff has not shown that he will be prejudiced by the amendment. Carswell, Acting P. J., Johnston, Adel, Wenzel and MacCrate, JJ., concur.

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Bluebook (online)

277 A.D.2d 891, Counsel Stack Legal Research, https://law.counselstack.com/opinion/estersohn-v-hardy-metal-specialties-inc-nyappdiv-1950.