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Apgar v. Connell

135 N.Y.S. 77 Court N.Y. App. Div. Decision date 1912-05-10 English

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p. 77
APGAR v. CONNELL.
(Supreme Court, Appellate Division, First Department.
May 10, 1912.)

Headnote

Pleading (§ 280*)—Supplemental Answer—Filing After Judgment.
A motion for leave to serve a supplemental answer after entry of a valid final judgment is properly denied.
[Ed. Note.—For other eases, see Pleading, Cent. Dig. §§ 842-846; Dec. Dig. § 280.*]
•For other cases see same topic & § number in Dec. & Am. Digs. 1907 to date, & Rep’r Indexes
Appeal from Special Term, New York County.
Action by Mary A. Apgar against Ellen Connell. From an order denying leave to serve a supplemental answer, defendant appeals. Affirmed.
See, also, 134 N. Y. Supp. 1093 , 1125.
p. 78
Argued before INGRAHAM, P. J., and LAUGHLIN, CLARKE, SCOTT, and MILLER, JJ.
L. I. Somerville, for appellant.
L. B. Faber, for respondent.

When the motion herein was made, a valid final judgment in the action had been entered, and therefore no amendment of the pleadings was proper.

The order appealed from must be affirmed, with $10 costs and disbursements.