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Lane v. Smyer

Appellate Division of the Supreme Court of New York, Second Department
May 1, 1913
157 App. Div. 889 (N.Y. App. Div. 1913)

Opinion

May, 1913.


Order of the City Court of Yonkers reversed, with ten dollars costs and disbursements, and motion denied, with ten dollars costs, on the ground that the motion should be based upon proper affidavit made by the defendant for leave to serve an amended answer, and not upon the affidavit of the attorney to compel plaintiff to accept an amended answer, which defendant may make if so advised. Burr, Thomas, Carr, Rich and Stapleton, JJ., concurred.


Summaries of

Lane v. Smyer

Appellate Division of the Supreme Court of New York, Second Department
May 1, 1913
157 App. Div. 889 (N.Y. App. Div. 1913)
Case details for

Lane v. Smyer

Case Details

Full title:Thomas S. Lane, Appellant, v. John J. Smyer, Respondent

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

Date published: May 1, 1913

Citations

157 App. Div. 889 (N.Y. App. Div. 1913)

Citing Cases

Vaden v. Schleicher Co.

For these reasons the moving affidavit was insufficient. ( Lane v. Smyer, 157 App. Div. 889; Quarantiello v.…