Manente v. Sorecon Corp.

Appellate Division of the Supreme Court of New York

Manente v. Sorecon Corp.

14 A.D.2d 806, 220 N.Y.S.2d 631, 1961 N.Y. App. Div. LEXIS 8421

Appellate Division of the Supreme Court of the State of New York·Decided October 23, 1961·Published

Opinion

The second amended answer shall be served within five days after entry of the order hereon. The service of such answer shall not affect the position of the case on the Trial Calendar. The defense sought to be raised by the second amended answer is one which arose since the service of the present amended answer. There is no claim that the proposed amendment would prejudice the plaintiff in any way. Under the circumstances, the moving party should have been granted leave to serve such second amended answer. Nolan, P. J., Beldock, Ughetta, Kleinfeld and Christ, JJ., concur.

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The second amended answer shall be served within five days after entry of the order hereon. The service of such answer shall not affect the position of the case on the Trial Calendar. The defense sought to be raised by the second amended answer is one which arose since the service of the present amended answer. There is no claim that the proposed amendment would prejudice the plaintiff in any way. Under the circumstances, the moving party should have been granted leave to serve such second amended answer. Nolan, P. J., Beldock, Ughetta, Kleinfeld and Christ, JJ., concur.

Manente v. Sorecon Corp., 14 A.D.2d 806, 220 N.Y.S.2d 631, 1961 N.Y. App. Div. LEXIS 8421 (N.Y. Ct. App. 1961).

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14 A.D.2d 806 (Manente v. Sorecon Corp.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.