LEVINE v. LEVY


7 A.D.2d 878 (1959)

Victor Levine, as Trustee, Respondent, v. Leonard P. Levy, Appellant

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

January 7, 1959


Order insofar as appealed from reversed, with $10 costs and disbursements and motion granted, with $10 costs, to the extent of permitting defendant to further amend his answer by interposing the counterclaim set forth in the proposed second amended answer verified October 23, 1956.

Memorandum:

Upon the record before us, it appears that, in the exercise of sound discretion, the Special Term Justice should have permitted the interposition of the counterclaim...

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