Molte v. Barbaresi

Appellate Division of the Supreme Court of New York

Molte v. Barbaresi

242 A.D. 666

Appellate Division of the Supreme Court of the State of New York·Decided June 15, 1934·Published

Opinion

Order modified by striking therefrom the portion thereof which grants defendant leave to serve an amended answer, and as so modified affirmed, with ten dollars costs and disbursements to the appellant. In our opinion, the Special Term improperly exercised its discretion in granting defendant leave to serve an amended answer, in view of the gross laches disclosed by the record, which is entirely unexcused. Lazansky, P. J., Young, Hagarty, Scudder and Davis, JJ., concur.

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Order modified by striking therefrom the portion thereof which grants defendant leave to serve an amended answer, and as so modified affirmed, with ten dollars costs and disbursements to the appellant. In our opinion, the Special Term improperly exercised its discretion in granting defendant leave to serve an amended answer, in view of the gross laches disclosed by the record, which is entirely unexcused. Lazansky, P. J., Young, Hagarty, Scudder and Davis, JJ., concur.

Molte v. Barbaresi, 242 A.D. 666 (N.Y. Ct. App. 1934).

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