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Goldenson v. Lawrence

48 N.Y. St. Rep. 636 Court N.Y. City Ct. Decision date 1892-10-24 English

Delivered by Ehrlich, Ch. J.

Contents

Majority

p. 636
Eva L. Goldenson, Resp’t, v. Chester B. Lawrence et al., App’lts.
(City Court of New York, General Term,
Filed October 24, 1892.)

Headnote

Pleading—Amendment—Teems.
The recital in an order granting leave to amend a pleading on terms that it was made with the consent of the parties concludes the parties on. appeal.
Appeal from order granting leave to serve an amended answer and imposing conditions.
Goodrich, Deady & Goodrich, for app’lts; David Leventritt, for resp’t.

The court below on granting leave to amend had the power to impose such terms as it deemed just, Code, § 723, and the terms imposed can hardly be called an abuse of discretion; besides the order recites that it was made with consent of the parties.

This recital concludes the parties on appeal. Smith v. Brant, 11 Civ. Pro., 354.

Under the circumstances the order appealed from must be affirmed, with costs.

Van Wyck and McCarthy, JJ., concur.