Appellate Division of the Supreme Court of New York, 1945

Home Owners' Loan Corp. v. Panzer

Home Owners' Loan Corp. v. Panzer
Appellate Division of the Supreme Court of New York · Decided February 19, 1945
269 A.D. 669; 53 N.Y.S.2d 535; 1945 N.Y. App. Div. LEXIS 3183
Home Owners' Loan Corp. v. Panzer

Opinion of the Court

Motion for reargument denied, without costs, and stay vacated. The court, upon proper application at Special Term, will undoubtedly relieve defendants from the consequences of their default in *670failing to serve their bill of particulars. This case should be promptly tried and the degree of the substance of the alleged defenses determined. On the trial the pleadings may be amended to conform to the proof. Present — Close, P. J., Carswell, Johnston, Adel and Lewis, JJ. [See 268’ App. Div. 1050.]

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