Hyperlawhypertext legal database Estersohn v. Hardy Metal Specialties, Inc. 277 A.D.2d 891

← Cases

Estersohn v. Hardy Metal Specialties, Inc.

277 A.D.2d 891 Court N.Y. App. Div. Decision date 1950-06-19 English

Contents

Majority

p. 891
Irving Estersohn, Appellant, v. Hardy Metal Specialties, Inc., et al., Respondents.

Order granting defendants’ motion to amend their answer so as to include the defense of the Statute of Frauds, which motion was made about four years after the joinder of issue, affirmed, with $10 costs and dis

p. 892
bursements, with, leave to defendants to serve an amended answer within ten days from the entry of the order hereon. That the proposed additional defense had been omitted from the answer through inadvertence has not been satisfactorily controverted, and the plaintiff has not shown that he will be prejudiced by the amendment. Carswell, Acting P. J., Johnston, Adel, Wenzel and MacCrate, JJ., concur.