Klinkowstein v. Greenberg

City of New York Municipal Court

Klinkowstein v. Greenberg

20 Misc. 669, 46 N.Y.S. 251

DecidedJuly 15, 1897

StatusPublished

This text of 20 Misc. 669 (Klinkowstein v. Greenberg) is published on Counsel Stack Legal Research, covering City of New York Municipal Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Klinkowstein v. Greenberg, 20 Misc. 669, 46 N.Y.S. 251 (N.Y. Super. Ct. 1897).

Pincite

Opinion

Van Wyck, Ch. J.

At trial the justice granted plaintiff leave to amend complaint, with $20 costs to defendant to abide the event; but upon defendant’s counsel claiming surprise, this ruling was withdrawn and plaintiff allowed to withdraw a juror, with leave to move at Special Term for leave to amend. The motion at Special Term was granted upon condition that plaintiff, within tén days, pay $30 to defendant’s attorney, and it is from the order granting the motion that defendant now appeals. The amendment, if necessary, should have been allowed at trial, and its allowance at Special Term was a proper exercise of discretion, for it does not change the cause of action, which is still in replevin. The order is affirmed, with $10 costs.

Scotchman, J., concurs.

Order affirmed, with $10 costs.

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Van Wyck, Ch. J.

At trial the justice granted plaintiff leave to amend complaint, with $20 costs to defendant to abide the event; but upon defendant’s counsel claiming surprise, this ruling was withdrawn and plaintiff allowed to withdraw a juror, with leave to move at Special Term for leave to amend. The motion at Special Term was granted upon condition that plaintiff, within tén days, pay $30 to defendant’s attorney, and it is from the order granting the motion that defendant now appeals. The amendment, if necessary, should have been allowed at trial, and its allowance at Special Term was a proper exercise of discretion, for it does not change the cause of action, which is still in replevin. The order is affirmed, with $10 costs.

Scotchman, J., concurs.

Order affirmed, with $10 costs.

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Bluebook (online)

20 Misc. 669, 46 N.Y.S. 251, Counsel Stack Legal Research, https://law.counselstack.com/opinion/klinkowstein-v-greenberg-nynyccityct-1897.