Sherman v. City of New York

Appellate Division of the Supreme Court of New York

Sherman v. City of New York

29 A.D.2d 775, 289 N.Y.S.2d 392, 1968 N.Y. App. Div. LEXIS 4617

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

DecidedFebruary 19, 1968

StatusPublished

This text of 29 A.D.2d 775 (Sherman v. City of New York) 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

Sherman v. City of New York, 29 A.D.2d 775, 289 N.Y.S.2d 392, 1968 N.Y. App. Div. LEXIS 4617 (N.Y. Ct. App. 1968).

Pincite

Opinion

Appeal from an order of the Supreme Court, Queens County, dated October 5, 1967, which denied appellant’s motion to amend its answer so as to deny the allegations in paragraph “ Eleventh” of the complaint, which are that appellant was the general contractor of the construction job in question. Order reversed, without costs, and motion granted. Appellant may serve an amended answer in accordance herewith within 20 days after entry of the order hereon. However, in the interests of justice, plaintiff is granted leave to pursue such further pretrial proceedings as he deems advisable. The omission to make the denial in question in appellant’s answer was because of inadvertence. Plaintiff has not been prejudiced (Kane v. Long Is. Jewish Hosp., 29 A D 2d 554; La Bate v. Meyerbank Elec. [776]*776Co., 23 A D 2d 503). Beldoek, P. J., Brennan, Rabin, Benjamin and Munder, JJ., concur.

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Appeal from an order of the Supreme Court, Queens County, dated October 5, 1967, which denied appellant’s motion to amend its answer so as to deny the allegations in paragraph “ Eleventh” of the complaint, which are that appellant was the general contractor of the construction job in question. Order reversed, without costs, and motion granted. Appellant may serve an amended answer in accordance herewith within 20 days after entry of the order hereon. However, in the interests of justice, plaintiff is granted leave to pursue such further pretrial proceedings as he deems advisable. The omission to make the denial in question in appellant’s answer was because of inadvertence. Plaintiff has not been prejudiced (Kane v. Long Is. Jewish Hosp., 29 A D 2d 554; La Bate v. Meyerbank Elec. [776]*776Co., 23 A D 2d 503). Beldoek, P. J., Brennan, Rabin, Benjamin and Munder, JJ., concur.

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Bluebook (online)

29 A.D.2d 775, 289 N.Y.S.2d 392, 1968 N.Y. App. Div. LEXIS 4617, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sherman-v-city-of-new-york-nyappdiv-1968.