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Lane v. Smyer

141 N.Y.S. 1128 Court N.Y. App. Div. Decision date 1913-05-09 English

Contents

Majority

p. 1128
LANE, Appellant, v. SMYER, Respondent.
(Supreme Court, Appellate Division, Second Department.
May 9, 1913.)

Headnote

Action by Thomas S. Lane against John J. Smyer.

Order of the City Court bf Yonkers reversed, with $10 costs and disbursements, and motion denied, with $10 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.