Keeley v. Blau

Appellate Division of the Supreme Court of New York

Keeley v. Blau

9 A.D.2d 613, 191 N.Y.S.2d 135, 1959 N.Y. App. Div. LEXIS 7161

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

DecidedSeptember 22, 1959

StatusPublished

This text of 9 A.D.2d 613 (Keeley v. Blau) 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

Keeley v. Blau, 9 A.D.2d 613, 191 N.Y.S.2d 135, 1959 N.Y. App. Div. LEXIS 7161 (N.Y. Ct. App. 1959).

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Opinion

Order unanimously reversed on the facts and in the exercise of discretion, with $20 costs and disbursements of this appeal to the respondent, and defendant’s motion for leave to serve an amended answer to allege a defense of the two-year Statute of Limitations is granted on condition defendant pay $50 costs and the costs and disbursements of this appeal and that the cause retain its place on the calendar. Under the circumstances here disclosed leave to amend should have been granted upon appropriate conditions. Settle order. Concur —• Rabin, J. P., M. M. Frank, Yalente, McNally and Stevens, JJ.

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Order unanimously reversed on the facts and in the exercise of discretion, with $20 costs and disbursements of this appeal to the respondent, and defendant’s motion for leave to serve an amended answer to allege a defense of the two-year Statute of Limitations is granted on condition defendant pay $50 costs and the costs and disbursements of this appeal and that the cause retain its place on the calendar. Under the circumstances here disclosed leave to amend should have been granted upon appropriate conditions. Settle order. Concur —• Rabin, J. P., M. M. Frank, Yalente, McNally and Stevens, JJ.

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Bluebook (online)

9 A.D.2d 613, 191 N.Y.S.2d 135, 1959 N.Y. App. Div. LEXIS 7161, Counsel Stack Legal Research, https://law.counselstack.com/opinion/keeley-v-blau-nyappdiv-1959.