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LAWSON v. AM. MOTORS, INC.

9 A.D.2d 818 (1959)

Marion O. Lawson, as Administratrix of The Estate of Ralph Lawson, Deceased, Respondent-Appellant, v. American Motors, Incorporated, Appellant-Respondent

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

November 13, 1959

The Special Term correctly awarded judgment on the basis of defendant's admissions, served pursuant to plaintiff's request to admit, as to the wage rate and period of the employment of plaintiff's intestate by defendant. Defendant had failed to plead payment and its cross motion for permission to amend so as to interpose such a defense was properly denied, the Special Term correctly finding that no meritorious defense was demonstrated...

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