S. P. Vasile & Son v. Concrete Trans-Mix Corp.

Appellate Division of the Supreme Court of New York

S. P. Vasile & Son v. Concrete Trans-Mix Corp.

1 A.D.2d 936, 149 N.Y.S.2d 728, 1956 N.Y. App. Div. LEXIS 6071

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

DecidedMarch 14, 1956

StatusPublished

This text of 1 A.D.2d 936 (S. P. Vasile & Son v. Concrete Trans-Mix Corp.) 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

S. P. Vasile & Son v. Concrete Trans-Mix Corp., 1 A.D.2d 936, 149 N.Y.S.2d 728, 1956 N.Y. App. Div. LEXIS 6071 (N.Y. Ct. App. 1956).

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Opinion

Order reversed, with $10 costs and disbursements and motion granted, with $10 costs. Memorandum: Unless a proposed amended answer is clearly bad or frivolous, its sufficiency is ordinarily not to be determined upon a motion to serve it but remains to be tested upon a motion after it is served or upon a trial. (Gillette v. Allen, 269 App. Div. 441, 449; Anderson v. New York Central R. R. Co., 284 App. Div. 64.) Here the questions of agency and notice present factual issues not determinable upon the motion. All concur. (Appeal from an order of Monroe County Court denying defendant’s motion for leave to serve an amended answer.) Present — McCurn, P. J., Vaughan, Wheeler, Williams and Bastow, JJ.

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Order reversed, with $10 costs and disbursements and motion granted, with $10 costs. Memorandum: Unless a proposed amended answer is clearly bad or frivolous, its sufficiency is ordinarily not to be determined upon a motion to serve it but remains to be tested upon a motion after it is served or upon a trial. (Gillette v. Allen, 269 App. Div. 441, 449; Anderson v. New York Central R. R. Co., 284 App. Div. 64.) Here the questions of agency and notice present factual issues not determinable upon the motion. All concur. (Appeal from an order of Monroe County Court denying defendant’s motion for leave to serve an amended answer.) Present — McCurn, P. J., Vaughan, Wheeler, Williams and Bastow, JJ.

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1 A.D.2d 936, 149 N.Y.S.2d 728, 1956 N.Y. App. Div. LEXIS 6071, Counsel Stack Legal Research, https://law.counselstack.com/opinion/s-p-vasile-son-v-concrete-trans-mix-corp-nyappdiv-1956.

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