Heller v. Yaeger

Appellate Division of the Supreme Court of New York

Heller v. Yaeger

261 A.D. 807, 24 N.Y.S.2d 587

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

DecidedJanuary 17, 1941

StatusPublished

This text of 261 A.D. 807 (Heller v. Yaeger) 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.

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Heller v. Yaeger, 261 A.D. 807, 24 N.Y.S.2d 587 (N.Y. Ct. App. 1941).

Pincite

Opinion

Per Curiam.

The absence of denials of the allegations of the complaint was called to the attention of this court and of the Court of Appeals upon the prior appeal. Nevertheless, the Court of Appeals directed that a new trial be had. (283 N. Y. 19.)

The order appealed from, therefore, should be reversed, with twenty dollars costs and disbursements, and the motion denied, with leave to the defendant, if he be so advised, to apply for permission to amend his answer.

Present — Martin, P. J., O’Malley, Townley, Glennon and Untermyer, JJ.

Order unanimously reversed, with twenty dollars costs and disbursements, and motion denied, with leave to the defendant, if he be so advised, to apply for permission to amend his answer.

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