JOSEF v. PRINCESS ILEANA OF ROMANIA


282 A.D. 1034 (1953)

Archduke Franz Josef, Appellant, v. Princess Ileana of Romania, Respondent, et al., Defendants

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

December 15, 1953.


MEMORANDUM BY THE COURT.

The proposed second amended answer is not only at variance with admissions made by defendant in prior pleadings with respect to ownership of the property in issue in this suit, but it is at variance with the position taken throughout this litigation to date that in dealing with the property she was acting equally for plaintiff and his brother, her husband. The belated fundamental change in position now attempted would be very prejudicial to...

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