Linsky v. Boston Insurance

Appellate Division of the Supreme Court of New York

Linsky v. Boston Insurance

24 A.D.2d 836, 263 N.Y.S.2d 1022, 1965 N.Y. App. Div. LEXIS 3146

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

DecidedOctober 28, 1965

StatusPublished

This text of 24 A.D.2d 836 (Linsky v. Boston Insurance) 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

Linsky v. Boston Insurance, 24 A.D.2d 836, 263 N.Y.S.2d 1022, 1965 N.Y. App. Div. LEXIS 3146 (N.Y. Ct. App. 1965).

Pincite

Opinion

Order unanimously reversed, without costs of this appeal to either party and motion for leave to serve an amended answer granted, said amended answer to be served within 20 days after service of a copy of the order entered herein upon the attorney for the defendant-appellant. Memorandum: In the exercise of proper discretion the motion for leave to serve an amended answer should have been granted. The affidavits show a factual situation which should have prompted the granting of leave. “ Leave [to amend] shall be freely given ”. (CPLR 3025, subd. [b].) (Appeal from order of Erie Special Term denying motion of defendant for leave to serve an amended answer.) Present — Williams, P. J., Bastow, Goldman, Henry and Del Vecehio, JJ.

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Order unanimously reversed, without costs of this appeal to either party and motion for leave to serve an amended answer granted, said amended answer to be served within 20 days after service of a copy of the order entered herein upon the attorney for the defendant-appellant. Memorandum: In the exercise of proper discretion the motion for leave to serve an amended answer should have been granted. The affidavits show a factual situation which should have prompted the granting of leave. “ Leave [to amend] shall be freely given ”. (CPLR 3025, subd. [b].) (Appeal from order of Erie Special Term denying motion of defendant for leave to serve an amended answer.) Present — Williams, P. J., Bastow, Goldman, Henry and Del Vecehio, JJ.

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Bluebook (online)

24 A.D.2d 836, 263 N.Y.S.2d 1022, 1965 N.Y. App. Div. LEXIS 3146, Counsel Stack Legal Research, https://law.counselstack.com/opinion/linsky-v-boston-insurance-nyappdiv-1965.