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VASILE & SON, INC. v. CONCRETE TRANS-MIX CORP.

1 A.D.2d 936 (1956)

S. P. Vasile and Son, Incorporated, et al., Respondents, v. Concrete Trans-Mix Corporation, Appellant

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

March 14, 1956

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

Memorandum:

Unless a proposed amended answer is clearly bad or frivolous, its sufficiency is ordinarily not to be determined upon a motion to serve it but remains to be tested upon a motion after it is served or upon a trial. (Gillette v. Allen, 269 App. Div. 441, 449; Anderson v. New York Central R. R. Co., 284 App. Div. 64.) Here the questions of agency and...

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