Hamberg v. Counselman — 83 N.Y.S. 1107

Majority

p. 1107

HAMBERG v. COUNSELMAN.

(Supreme Court, Appellate Division, First Department.

July 7, 1903.)

Headnote

Action by Herman Hamberg against Charles Counselman. From an order denying a motion for leave to amend the answer, defendant appeals. Reversed. A. Benedict, for appellant. E. Norton, for respondent.

The order should be reversed, without costs, and the motion granted, without costs, on condition that the defendant pay $15 costs after notice of trial and $10 costs of opposing this motion, and on the further condition that the plaintiff be allowed to serve an amended summons and complaint; the case to retain its place upon the calendar and proceed to trial without further notice, and without prejudice to the proceedings already had in the action.

VAN BRUNT, P. J., dissents.