MESSING v. PINS


15 A.D.2d 644 (1962)

Joseph H. Messing et al., Appellants, v. Ann Pins et al., Respondents

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

January 23, 1962


Order entered on April 25, 1961, granting defendants leave to serve a supplemental answer containing counterclaims, unanimously reversed on the facts and in the exercise of discretion, with $20 costs and disbursements to appellants and the motion denied.

Defendants' application, pursuant to sections 245 and 245-a of the Civil Practice Act, was made in April, 1961. However, plaintiffs' action had theretofore been settled — when the case appeared on the Trial...

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