Morgan v. Eberhardt

Appellate Division of the Supreme Court of New York

Morgan v. Eberhardt

48 A.D.2d 904, 372 N.Y.S.2d 988, 1975 N.Y. App. Div. LEXIS 10172

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

DecidedJune 23, 1975

StatusPublished

This text of 48 A.D.2d 904 (Morgan v. Eberhardt) 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

Morgan v. Eberhardt, 48 A.D.2d 904, 372 N.Y.S.2d 988, 1975 N.Y. App. Div. LEXIS 10172 (N.Y. Ct. App. 1975).

Pincite

Opinion

In a negligence action to recover damages for personal injuries, plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Westchester County, entered September 26, 1974, as granted defendant’s cross motion for summary judgment or, in the alternative, for leave to serve an amended answer, to the extent of granting such leave. Order affirmed insofar as appealed from, with $20 costs and disbursements. Although we affirm Special Term’s exercise of discretion in permitting service of an amended answer, we do not reach the merits of the allegations contained in the proposed affirmative defenses. Rabin, Acting P. J., Martuscello, Christ, Munder and Shapiro, JJ., concur.

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In a negligence action to recover damages for personal injuries, plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Westchester County, entered September 26, 1974, as granted defendant’s cross motion for summary judgment or, in the alternative, for leave to serve an amended answer, to the extent of granting such leave. Order affirmed insofar as appealed from, with $20 costs and disbursements. Although we affirm Special Term’s exercise of discretion in permitting service of an amended answer, we do not reach the merits of the allegations contained in the proposed affirmative defenses. Rabin, Acting P. J., Martuscello, Christ, Munder and Shapiro, JJ., concur.

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Bluebook (online)

48 A.D.2d 904, 372 N.Y.S.2d 988, 1975 N.Y. App. Div. LEXIS 10172, Counsel Stack Legal Research, https://law.counselstack.com/opinion/morgan-v-eberhardt-nyappdiv-1975.