North v. Wermelinger

Appellate Division of the Supreme Court of New York

North v. Wermelinger

10 A.D.2d 856, 201 N.Y.S.2d 495, 1960 N.Y. App. Div. LEXIS 10832

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

DecidedApril 4, 1960

StatusPublished

This text of 10 A.D.2d 856 (North v. Wermelinger) 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

North v. Wermelinger, 10 A.D.2d 856, 201 N.Y.S.2d 495, 1960 N.Y. App. Div. LEXIS 10832 (N.Y. Ct. App. 1960).

Pincite

Opinion

In an action to recover damages for wrongful death, the appeal is from an order denying appellants’ motion for leave to serve an amended answer to [857]*857include an affirmative defense of contributory negligence on the part of the intestate, allegedly omitted from the original answer by inadvertence. The motion was made almost six years after issue was joined, and after the action had been reached for trial, on papers containing no affidavit of merits. Order affirmed, with $10 costs and disbursements. No opinion. Nolan, P. J., Beldock, Ughetta, Pette and Brennan, JJ., concur.

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In an action to recover damages for wrongful death, the appeal is from an order denying appellants’ motion for leave to serve an amended answer to [857]*857include an affirmative defense of contributory negligence on the part of the intestate, allegedly omitted from the original answer by inadvertence. The motion was made almost six years after issue was joined, and after the action had been reached for trial, on papers containing no affidavit of merits. Order affirmed, with $10 costs and disbursements. No opinion. Nolan, P. J., Beldock, Ughetta, Pette and Brennan, JJ., concur.

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Bluebook (online)

10 A.D.2d 856, 201 N.Y.S.2d 495, 1960 N.Y. App. Div. LEXIS 10832, Counsel Stack Legal Research, https://law.counselstack.com/opinion/north-v-wermelinger-nyappdiv-1960.