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Linsky v. Boston Insurance Company

Appellate Division of the Supreme Court of New York, Fourth Department
Oct 28, 1965
24 A.D.2d 836 (N.Y. App. Div. 1965)

Opinion

October 28, 1965

Appeal from the Erie Special Term.

Present — Williams, P.J., Bastow, Goldman, Henry and Del Vecchio, JJ.


Order unanimously reversed, without costs of this appeal to either party and motion for leave to serve an amended answer granted, said amended answer to be served within 20 days after service of a copy of the order entered herein upon the attorney for the defendant-appellant. Memorandum: In the exercise of proper discretion the motion for leave to serve an amended answer should have been granted. The affidavits show a factual situation which should have prompted the granting of leave. "Leave [to amend] shall be freely given". (CPLR 3025, subd. [b].)


Summaries of

Linsky v. Boston Insurance Company

Appellate Division of the Supreme Court of New York, Fourth Department
Oct 28, 1965
24 A.D.2d 836 (N.Y. App. Div. 1965)
Case details for

Linsky v. Boston Insurance Company

Case Details

Full title:MAX LINSKY, Respondent, v. BOSTON INSURANCE COMPANY, Appellant

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

Date published: Oct 28, 1965

Citations

24 A.D.2d 836 (N.Y. App. Div. 1965)

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