Lent v. Title Insurance

Appellate Terms of the Supreme Court of New York

Lent v. Title Insurance

117 N.Y.S. 901

Appellate Terms of the Supreme Court of New York·Decided June 29, 1909·Published

Opinion

SEABURY, J.

The defendant appeals from an order permitting the plaintiff to amend his complaint. The order was based upon an affidavit made by the plaintiff’s attorney, and failed to show that the affiant had any knowledge of the additional facts sought to be incorporated in the complaint by the proposed amendment. The affidavit upon which the motion was made was insufficient as a basis for granting the relief sought. Tompkins v. Continental National Bank. 71 App. Div. 330, 75 N. Y. Supp. 1099; Rhodes v. Lewin, 83 App. Div. 369, 54 N. Y. Supp. 106.

Order reversed, with $10 costs and disbursements. All concur.

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SEABURY, J.

The defendant appeals from an order permitting the plaintiff to amend his complaint. The order was based upon an affidavit made by the plaintiff’s attorney, and failed to show that the affiant had any knowledge of the additional facts sought to be incorporated in the complaint by the proposed amendment. The affidavit upon which the motion was made was insufficient as a basis for granting the relief sought. Tompkins v. Continental National Bank. 71 App. Div. 330, 75 N. Y. Supp. 1099; Rhodes v. Lewin, 83 App. Div. 369, 54 N. Y. Supp. 106.

Order reversed, with $10 costs and disbursements. All concur.

Lent v. Title Insurance, 117 N.Y.S. 901 (N.Y. Ct. App. 1909).

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