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FITZGERALD v. PRIMMER

1 Misc.2d 403 (1955)

Paul R. Fitzgerald, as Administrator of The Estate of Edward H. Quinlan, Deceased, Plaintiff, v. Daniel Primmer, Jr., et al., Defendants. (Action No.1.) James H. Taylor, as Administrator of The Estate of James H. Taylor, Jr., Deceased, Plaintiff, v. Daniel Primmer, Defendant. (Action No. 2.)

Supreme Court, Special Term, Albany County.

September 1, 1955.

Attorney(s) appearing for the Case

Paul F. Donohue for Daniel Primmer, defendant.

R. Monell Herzberg for Paul R. Fitzgerald, as administrator, plaintiff.

Donald J. Gulling for James H. Taylor, as administrator, defendant in action No. 1 and plaintiff in action No. 2.

HAMM, J.

Daniel Primmer, the defendant in Action No. 2, has moved for leave to serve an amended answer containing a counterclaim. The motion is granted but the court by granting this motion is not ruling on the merits of the proposed amended pleading (Partridge v. Fidelity & Cas. Co., 213 App. Div. 8, 9; Guaranty Trust Co. v. Schmidt, 187 App. Div. 561, 563; Anderson v. New York Central...

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