Jones v. 416 Pleasant Avenue Holding Corp.

280 A.D. 774, 113 N.Y.S.2d 406, 1952 N.Y. App. Div. LEXIS 3676

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: June 17, 1952
• Status: Published

Opinion

Order unanimously reversed, with $20 costs and disbursements to appellant, and the motion denied. Defendant was in a position to know the facts and to assert the new defense it now wishes to add to its amended answer in time to plead them without prejudice to plaintiff. By the delay plaintiff is prejudiced and under the circumstances the amendment should not be allowed. Present ■— Peck, P. J., Callahan, Van Yoorhis, Heffernan and Bergan, JJ.