MARTIN v. KATZ


15 A.D.2d 767 (1962)

Harry Martin, as Administrator of The Estate of Charles Katz, Deceased, Respondent, v. Max Katz, Individually and Doing Business as Capital Amusement Company, Appellant

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

February 21, 1962


Order, entered on September 6, 1961, unanimously reversed on the law and the facts, and in the exercise of discretion, with $50 costs and disbursements to be paid by defendant-appellant, and motion by defendant for leave to serve amended answer granted, upon condition that defendant pay to plaintiff-respondent the costs of this appeal as aforesaid and a full bill of taxable costs to date, the issue to remain undisturbed.

It is well settled that the courts should adopt...

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