YOUNGS, JR. v. VANDENBURGH


278 A.D. 775 (1951)

Richard Youngs, Jr., Respondent, v. Patricia A. Vandenburgh, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 9, 1951.


Order granting leave to amend plaintiff's reply reversed on the law, without costs, and motion for leave to amend denied, without costs.

The voluntary service of a reply to the defense pleaded in defendant's answer was unauthorized, and the pleading was, consequently, irregular. The fact that defendant did not return this irregular pleading did not authorize the court to permit an amendment thereof, or to compel defendant to accept a further unauthorized and irregular...

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