From Casetext: Smarter Legal Research

Miles v. Kuttner

Supreme Court, Appellate Term
May 1, 1908
59 Misc. 224 (N.Y. App. Term 1908)

Opinion

May, 1908.

Arthur Gutman, for appellant.

Adolph M. Schwarz, for respondents.


Plaintiffs filed a verified complaint and the defendant filed a verified answer herein. The plaintiffs' attorney, on the day set for trial, moved for judgment on the pleadings upon the ground that the answer did not deny the allegations of the complaint. The defendant thereupon moved to be allowed to amend the answer, which motion was denied and judgment rendered in favor of the plaintiffs. This was error. The defendant should have been allowed to amend if his answer was insufficient. Munic. Ct. Act, § 166.

Present: GILDERSLEEVE, GIEGERICH and GREENBAUM, JJ.

Judgment reversed and new trial ordered, with costs to appellant to abide event.


Summaries of

Miles v. Kuttner

Supreme Court, Appellate Term
May 1, 1908
59 Misc. 224 (N.Y. App. Term 1908)
Case details for

Miles v. Kuttner

Case Details

Full title:HERBERT L. and HARRY J. MILES, Respondents, v . JOHN KUTTNER, Appellant

Court:Supreme Court, Appellate Term

Date published: May 1, 1908

Citations

59 Misc. 224 (N.Y. App. Term 1908)
110 N.Y.S. 225

Citing Cases

Steiger Trunk and Bag Co. v. Wharncliffe

The motion should have been granted, and the refusal to do so was reversible error. Miles v. Kuttner, 59…