Benach v. Sabel Hat Co., Inc.

Full title: EMMA BENACH, Respondent, v. SABEL HAT CO., INC., Appellant

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Jan 1, 1927

219 App. Div. 720 (N.Y. App. Div. 1927)

Opinion

January, 1927.

Judgment reversed upon the law, and new trial granted, costs to appellant to abide the event, on the ground that it was error for the trial court to refuse defendant leave to amend the answer by pleading a justifiable discharge. Under Civil Practice Rule 166, no notice of an application for leave to amend at the trial is necessary. Kelly, P.J., Manning, Young, Kapper and Lazansky, JJ., concur.