Seligman v. Schmidt — 52 N.Y. St. Rep. 520

Majority

p. 520

Washington Seligman, App'lt, v. Edmund P. Schmidt, Resp't.

(City Court of New York, General Term,

Filed May 9, 1893.)

Headnote

Pleading—Amendment.

The court has power, on striking out portions of an answer as defective and ordering judgment on the balance, to allow the defendant to correct the errors and'deficiencies by amendment.

Appeal from part of order allowing defendant to serve an amended answer.

E. Seligman, for app’lt; Allan Lee Schmidt, for resp’t.

The court below held tiie answer to be defective, struck out certain portions and ordered judgment on the

p. 521

balance, with permission to the defendant to correct the errors and deficiencies by amendment.

The plaintiff appeals from the part of the order granting, this privilege to the defendant.

The court below had authority to grant the defendant the liberty to amend; it is the power frequently exercised, the discretion was not abused in this instance, and the part of the order appealed from should, therefore, be affirmed, with costs.

Newburger, J., concurs.