Park v. Park — 95 N.Y.S. 1150

Majority

p. 1150

PARK, Respondent, v. PARK, Appellant.

(Supreme Court, Appellate Division, First Department.

December 22, 1905.)

Headnote

Appeal from Special Term, New York County. Action by Walter E. Park against Edith Park. From an order denying a motion for leave to renew the application to interpose a supplemental answer, defendant appeals. Reversed. A. Garruthers, for appellant. D. May, for respondent.

Considering the nature of the action, we think that the defendant should be allowed to serve a supplemental answer. The fact that she did not make the affidavit is explained by her absence in Europe, sick. The order appealed from should be reversed, and the motion granted.

PATTERSON, J„ dissents.