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La Penta v. Remington Arms Co.

Appellate Division of the Supreme Court of New York, Second Department
Apr 11, 1960
10 A.D.2d 867 (N.Y. App. Div. 1960)

Opinion

April 11, 1960


In an action to recover damages for personal injuries resulting from the negligent design, manufacture, assembly and sale of a device called a "stud", defendant appeals from an order denying its motion for leave to serve an amended answer withdrawing its admission of manufacture and assembly, contained in its original answer. At the time, when the motion was made, the cause of action against any other prospective defendant would be barred by the Statute of Limitations. It also appears that more than a year before the Statute of Limitations expired, defendant had knowledge of the facts upon which the proposed amendment was based. Order affirmed, with $10 costs and disbursements. (Civ. Prac. Act, § 105; Nathan v. Long Is. Light. Co., 5 A.D.2d 676; Sarullo v. Newstand Realty Corp., 2 A.D.2d 854.) Beldock, Acting P.J., Kleinfeld, Christ, Pette and Brennan, JJ., concur.


Summaries of

La Penta v. Remington Arms Co.

Appellate Division of the Supreme Court of New York, Second Department
Apr 11, 1960
10 A.D.2d 867 (N.Y. App. Div. 1960)
Case details for

La Penta v. Remington Arms Co.

Case Details

Full title:SALVATORE LA PENTA, Respondent, v. REMINGTON ARMS COMPANY, INC., Appellant

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

Date published: Apr 11, 1960

Citations

10 A.D.2d 867 (N.Y. App. Div. 1960)

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