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59 Misc. 224

Herbert L. v. Kuttner

Appellate Terms of the Supreme Court of New York · decided 1908-05-15

Appeal by the defendant from a judgment in favor of the plaintiffs, rendered in the Municipal Court of the city of New York, seventh district, borough of Manhattan.

Decided 1908-05-15

Per Curiam.

¶1Plaintiffs filed a verified complaint and the defendant filed a verified answer herein. The plaintiffs’ attorney, on the day set for trial, moved for judgment on the pleadings upon the ground that the answer did not deny the allegations of the complaint. The defendant thereupon moved to be allowed to amend the answer, which motion was denied and judgment rendered in favor of the plaintiffs. This was error. The defendant should have been allowed to amend if his answer was insufficient. Munic. Gt. Act, § 166. '

¶2Present: Gildersleeve, Giegerich and Greenbaum, JJ.

¶3Judgment reversed and new trial ordered, with costs to appellant to abide event.

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