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Martel v. Blankli Realty Corp.

Appellate Division of the Supreme Court of New York, First Department
Sep 28, 1971
37 A.D.2d 769 (N.Y. App. Div. 1971)

Opinion

September 28, 1971


Judgment, Supreme Court, Bronx County, entered on July 8, 1970, dismissing the complaint, unanimously reversed, on the law and the facts, without costs and without disbursements, and the action is remanded for trial. The order of the trial court in granting defendant's application to amend the answer was proper in the circumstances. However, plaintiff should have been granted a continuance of the trial to bring in other witnesses to meet the issues in the amended pleading. While plaintiff's counsel was not candid with the court and defense counsel initially, the court in its discretion should have granted the continuance.

Concur — McGivern, J.P., Markewich, Nunez, Kupferman and Murphy, JJ.


Summaries of

Martel v. Blankli Realty Corp.

Appellate Division of the Supreme Court of New York, First Department
Sep 28, 1971
37 A.D.2d 769 (N.Y. App. Div. 1971)
Case details for

Martel v. Blankli Realty Corp.

Case Details

Full title:ANGEL L. MARTEL, Appellant, v. BLANKLI REALTY CORP., Respondent

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

Date published: Sep 28, 1971

Citations

37 A.D.2d 769 (N.Y. App. Div. 1971)