Kuryan v. Weil

Appellate Division of the Supreme Court of the State of New York

Decided December 15, 1915

Appellate Division of the Supreme Court of the State of New York · decided 1915-12-15

<p>Appeal from an order of the Supreme Court, entered in the New York county clerk’s office on the 18th day of Hovember, 1915, granting defendant’s motion for leave to serve an amended answer.</p>

Decided 1915-12-15

Per Curiam:

¶1The order appealed from is modified by allowing the plaintiff taxable costs ■ of the action as a condition for amending the answer, with leave to the plaintiff to discontinue, without costs, if so advised, and as thus modified affirmed, without costs of this appeal. Present — Ingraham, P. J., McLaughlin, Clarke, Scott and Smith, JJ. Order modified as stated in opinion, and as modified affirmed, without costs. Order to be settled on notice.