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Breitung v. Wight

172 A.D. 947 Court N.Y. App. Div. English

Contents

Majority

p. 947
Edward N. Breitung, Respondent, v. L. Allyn Wight and Others, Copartners, etc., Appellants.

Headnote

Appeal from an order of the Supreme Court, entered in the New York county clerk’s office on the 31st day of January, 1916, denying a motion for leave to serve an amended answer.

We are of opinion that the matter sought to be introduced by the amended answer is immaterial, and, therefore, the order appealed from must be affirmed, with ten dollars costs and disbursements. Present—Clarke, P. J., Dowling, Smith, Page and Davis, JJ. Order affirmed, with ten dollars costs and disbursements.