SARULLO v. NEWSTAND REALTY CORP.


2 A.D.2d 854 (1956)

Alphonse Sarullo, Appellant, v. Newstand Realty Corp. et al., Respondents and Third-Party Plaintiffs. D & W Painting Co., Inc., Third-Party Defendant

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

October 8, 1956


Order reversed, with $10 costs and disbursements, and motion denied.

It was an improvident exercise of discretion, resulting in prejudice to appellant, to permit respondents, in June, 1956, to amend their original answer, served in September, 1951, so as to withdraw their admission of maintenance and control. Moreover, respondents had knowledge of the claim that the third-party defendant maintained and controlled the premises in question, as shown by their third-party...

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