Lane v. Smyer , 141 N.Y.S. 1128 ( 1913 )

Order of the City Court of Yonkers reversed, with ten dollars costs and disbursements, and motion denied, with ten dollars costs, on the ground that the motion should be based upon proper affidavit made by the defendant for leave to serve an amended answer, and not upon the affidavit of the attorney to compel plaintiff to accept an amended answer, which defendant may make if so advised. Burr, Thomas, Carr, Rich and Stapleton, JJ., concurred.