Appellate Division of the Supreme Court of New York, 1952

Jones v. 416 Pleasant Avenue Holding Corp.

Jones v. 416 Pleasant Avenue Holding Corp.
Appellate Division of the Supreme Court of New York · Decided June 17, 1952
280 A.D. 774; 113 N.Y.S.2d 406; 1952 N.Y. App. Div. LEXIS 3676
Jones v. 416 Pleasant Avenue Holding Corp.

Opinion of the Court

Order unanimously reversed, with $20 costs and disbursements to appellant, and the motion denied. Defendant was in a position to know the facts and to assert the new defense it now wishes to add to its amended answer in time to plead them without prejudice to plaintiff. By the delay plaintiff is prejudiced and under the circumstances the amendment should not be allowed. Present ■— Peck, P. J., Callahan, Van Yoorhis, Heffernan and Bergan, JJ.

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