From Casetext: Smarter Legal Research

SIRE v. SHUBERT

Appellate Division of the Supreme Court of New York, First Department
Mar 1, 1913
155 App. Div. 927 (N.Y. App. Div. 1913)

Opinion

March, 1913.

Present — Ingraham, P.J., Laughlin, Clarke, Scott and Dowling, JJ.


The answer herein was served on November 25, 1911, and the reply on December 1, 1911. After numerous appearances on the calendar the case was marked "ready" on the day calendar of December 24, 1912. On December 31, 1912, an order to show cause was granted, returnable January 3, 1913, for an order permitting the defendant to serve an amended answer setting up the Statute of Limitations. The motion was granted upon payment of taxable costs without prejudice to the present position of the case on the calendar. We think after such delay the plaintiff should have been allowed the alternative of discontinuance, without costs. The order appealed from should, therefore, be modified by providing that the motion be granted upon the terms stated, with leave to the plaintiff to discontinue, without costs, and as so modified affirmed, without costs.


Order modified as stated in opinion, and as modified affirmed, without costs. Order to be settled on notice.


Summaries of

SIRE v. SHUBERT

Appellate Division of the Supreme Court of New York, First Department
Mar 1, 1913
155 App. Div. 927 (N.Y. App. Div. 1913)
Case details for

SIRE v. SHUBERT

Case Details

Full title:HENRY B. SIRE, Appellant, v . LEE SHUBERT, Respondent

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

Date published: Mar 1, 1913

Citations

155 App. Div. 927 (N.Y. App. Div. 1913)