Montello v. Lombard

Appellate Division of the Supreme Court of New York

Montello v. Lombard

247 A.D. 737

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

DecidedFebruary 15, 1936

StatusPublished

This text of 247 A.D. 737 (Montello v. Lombard) 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

Montello v. Lombard, 247 A.D. 737 (N.Y. Ct. App. 1936).

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Opinion

Order, in so far as it provides that plaintiff pay $750 costs as a condition for granting her permission to amend her complaint, modified by reducing the costs to twenty-five dollars, and as so modified affirmed, without costs; the amended complaint to be served within ten days from the entry of the order hereon. We are of opinion that the previous record of this litigation did not justify the imposition of such severe terms upon the plaintiff for the amendment of her complaint. Lazansky, P. J., Hagarty, Davis, Johnston and Taylor, JJ., concur.

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Order, in so far as it provides that plaintiff pay $750 costs as a condition for granting her permission to amend her complaint, modified by reducing the costs to twenty-five dollars, and as so modified affirmed, without costs; the amended complaint to be served within ten days from the entry of the order hereon. We are of opinion that the previous record of this litigation did not justify the imposition of such severe terms upon the plaintiff for the amendment of her complaint. Lazansky, P. J., Hagarty, Davis, Johnston and Taylor, JJ., concur.

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Bluebook (online)

247 A.D. 737, Counsel Stack Legal Research, https://law.counselstack.com/opinion/montello-v-lombard-nyappdiv-1936.