CHANNELL v. CITY OF ROCHESTER


207 Misc. 854 (1955)

Elizabeth Channell, Plaintiff, v. City of Rochester et al., Defendants. Russell Channell, Plaintiff, v. City of Rochester et al., Defendants.

Supreme Court, Special Term, Monroe County.

April 8, 1955.


Attorney(s) appearing for the Case

Honora A. Miller, Corporation Counsel (Charles E. Kaiser of counsel), for City of Rochester, defendant-movant.

William H. Morris for East Avenue Corp., defendant-respondent.


WITMER, J.

Defendant, City of Rochester, seeks permission to serve an amended answer herein containing a cross action against its codefendant, East Avenue Corp. The latter opposes the motion upon the grounds of laches and that it is too late under the statute, section 264 of the Civil Practice Act.

These are actions by plaintiffs to recover damages resulting from injuries sustained by plaintiff wife in...

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