¶1The order appealed from should be modified by imposing as a condition for allowing the defendants to serve an amended answer that said defendants pay full costs of the action up to the time of the service of the amended answer, the case to remain upon the calendar and to be tried when reached as if the amendment had not been allowed. As so modified, order affirmed, without costs. Present—Ingraham, P. J., McLaughlin, Laughlin, Clarke and Scott, JJ. Order modified as directed in opinion, and as modified affirmed, without costs. Order to be settled on notice.
167 A.D. 895
Messer v. Burstein
Appellate Division of the Supreme Court of the State of New York
Decided February 15, 1915
Appellate Division of the Supreme Court of the State of New York · decided 1915-02-15
<p>Appeal from an order of the Supreme Court, entered in the New York county clerk’s office on the 17th day of November, 1914, permitting certain of the defendants to interpose an amended answer.</p>
Decided 1915-02-15