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Ryan v. Clark

150 N.Y.S. 1110 Court N.Y. App. Div. Decision date 1914-12-24 Docket No. 6692 English

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p. 1110
RYAN, Respondent, v. CLARK, Appellant.
(No. 6692.)
(Supreme Court, Appellate Division, First Department.
December 24, 1914.)

Headnote

Appeal -from Special Term, New York County. Action by Robert 'S. Ryan against Mary C. O. Clark, individually and as administratrix. From an order denying defendant’s motion to compel a reply, and granting plaintiff’s motion for leave to serve an amended complaint, defendant appeals. Affirmed. Gustav Gunkel, of New York City, for appellant. Warren Leslie, of New York City, for respondent.

The order allowing the plaintiff to serve an amended complaint is affirmed, with $10 costs and disbursements, without prejudice to a motion by the defendant to compel the plaintiff to reply, if he shall be so advised, after he has served an answer to the amended complaint.