In re the Application for Discovery & Delivery of Property Withheld by Van Buren

Appellate Division of the Supreme Court of New York

In re the Application for Discovery & Delivery of Property Withheld by Van Buren

233 A.D. 740

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

DecidedMay 15, 1931

StatusPublished

This text of 233 A.D. 740 (In re the Application for Discovery & Delivery of Property Withheld by Van Buren) 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

In re the Application for Discovery & Delivery of Property Withheld by Van Buren, 233 A.D. 740 (N.Y. Ct. App. 1931).

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Opinion

Order of the Surrogate’s Court of Queens county granting motion for leave to serve an amended answer affirmed, in so far as appealed from, with ten dollars costs and disbursements, payable out of the estate; the answer to be served within ten days from the entry of the order herein. The allowing of the amendment in the first two particulars involves no elements of prejudice to the petitioner. The applicability of the amendment with reference to the Statute of Limitations cannot be determined definitely on the present state of the record but the allowance of the amendment in this particular was not error under the peculiar situation involved herein, since the pleading sought to be amended indicated an intention to invoke the Statute of Limitations, although the particular statute invoked is not the one now sought to be pleaded. Lazansky, P. J., Young, Kapper, Hagarty and Carswell, JJ., concur.

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Order of the Surrogate’s Court of Queens county granting motion for leave to serve an amended answer affirmed, in so far as appealed from, with ten dollars costs and disbursements, payable out of the estate; the answer to be served within ten days from the entry of the order herein. The allowing of the amendment in the first two particulars involves no elements of prejudice to the petitioner. The applicability of the amendment with reference to the Statute of Limitations cannot be determined definitely on the present state of the record but the allowance of the amendment in this particular was not error under the peculiar situation involved herein, since the pleading sought to be amended indicated an intention to invoke the Statute of Limitations, although the particular statute invoked is not the one now sought to be pleaded. Lazansky, P. J., Young, Kapper, Hagarty and Carswell, JJ., concur.

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Bluebook (online)

233 A.D. 740, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-application-for-discovery-delivery-of-property-withheld-by-van-nyappdiv-1931.