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Luback v. Hirsch

Appellate Division of the Supreme Court of New York, Second Department
Jan 1, 1931
232 App. Div. 691 (N.Y. App. Div. 1931)

Opinion

January, 1931.


Order granting upon condition the motion of defendants Hirsch and Schwartz for leave to serve an amended answer, so as to withdraw admissions of allegations in the complaint respecting operation and control of the automobile involved, reversed upon the law and the facts, with ten dollars costs and disbursements, and motion denied, with ten dollars costs. The granting of this motion was an abuse of discretion. It operates to the substantial prejudice of the plaintiff and accorded an undue advantage to said defendants despite gross laches on their part. ( Drescher v. Mirkus, 211 App. Div. 763; Levy v. Delaware, Lackawanna Western R.R. Co., Id. 503.) Lazansky, P.J., Young, Hagarty, Carswell and Tompkins, JJ., concur.


Summaries of

Luback v. Hirsch

Appellate Division of the Supreme Court of New York, Second Department
Jan 1, 1931
232 App. Div. 691 (N.Y. App. Div. 1931)
Case details for

Luback v. Hirsch

Case Details

Full title:EDWARD LUBACK, an Infant, by JOHN LUBACK, His Guardian ad Litem…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jan 1, 1931

Citations

232 App. Div. 691 (N.Y. App. Div. 1931)

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