Young v. Hershey Farms, Inc.

Appellate Division of the Supreme Court of New York

Young v. Hershey Farms, Inc.

5 A.D.2d 796, 170 N.Y.S.2d 995, 1958 N.Y. App. Div. LEXIS 7175

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

DecidedJanuary 27, 1958

StatusPublished

This text of 5 A.D.2d 796 (Young v. Hershey Farms, Inc.) 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

Young v. Hershey Farms, Inc., 5 A.D.2d 796, 170 N.Y.S.2d 995, 1958 N.Y. App. Div. LEXIS 7175 (N.Y. Ct. App. 1958).

Pincite

Opinion

In an action to recover damages for personal injuries, the appeal is from a resettled order denying appellants’ motion for leave to serve a supplemental answer alleging a defense of res judicata (Civ. Prae. Act, § 245). Order reversed, with $10 costs and disbursements, and motion granted. The supplemental answer is to be served within 10 days after entry of the order hereon. Although appellants did not proceed promptly, the proposed defense is substantial and no reason appears why the motion should not have been granted.

Nolan, P. J., Wenzel, Beldock, Murphy and Ughetta, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

In an action to recover damages for personal injuries, the appeal is from a resettled order denying appellants’ motion for leave to serve a supplemental answer alleging a defense of res judicata (Civ. Prae. Act, § 245). Order reversed, with $10 costs and disbursements, and motion granted. The supplemental answer is to be served within 10 days after entry of the order hereon. Although appellants did not proceed promptly, the proposed defense is substantial and no reason appears why the motion should not have been granted.

Nolan, P. J., Wenzel, Beldock, Murphy and Ughetta, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

5 A.D.2d 796, 170 N.Y.S.2d 995, 1958 N.Y. App. Div. LEXIS 7175, Counsel Stack Legal Research, https://law.counselstack.com/opinion/young-v-hershey-farms-inc-nyappdiv-1958.