Nelson v. Cross & Brown Co.

Appellate Division of the Supreme Court of New York

Nelson v. Cross & Brown Co.

11 A.D.2d 981, 205 N.Y.S.2d 466, 1960 N.Y. App. Div. LEXIS 7914

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

DecidedOctober 4, 1960

StatusPublished

This text of 11 A.D.2d 981 (Nelson v. Cross & Brown Co.) 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

Nelson v. Cross & Brown Co., 11 A.D.2d 981, 205 N.Y.S.2d 466, 1960 N.Y. App. Div. LEXIS 7914 (N.Y. Ct. App. 1960).

Pincite

Opinion

Order, entered April 15,1960, denying motion to amend answer, unanimously reversed, on the law, on the facts and in the exercise of discretion, with $20 costs and disbursements to defendant-appellant, and motion granted permitting defendant to serve an amended answer within 20 days from service of a copy of the order herein, with notice of entry thereof, with $10 costs. Defendant is entitled to put its pleading in such form as will state the facts as it claims them to be. The possible use of such pleading on some future application, on which the court does not now pass, should not impair that right. Concur ■— Botein, P. J., Breitel, Stevens and Eager, JJ.

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Order, entered April 15,1960, denying motion to amend answer, unanimously reversed, on the law, on the facts and in the exercise of discretion, with $20 costs and disbursements to defendant-appellant, and motion granted permitting defendant to serve an amended answer within 20 days from service of a copy of the order herein, with notice of entry thereof, with $10 costs. Defendant is entitled to put its pleading in such form as will state the facts as it claims them to be. The possible use of such pleading on some future application, on which the court does not now pass, should not impair that right. Concur ■— Botein, P. J., Breitel, Stevens and Eager, JJ.

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Bluebook (online)

11 A.D.2d 981, 205 N.Y.S.2d 466, 1960 N.Y. App. Div. LEXIS 7914, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nelson-v-cross-brown-co-nyappdiv-1960.