SUSI v. ACME CASSA, INC.


24 A.D.2d 1011 (1965)

Joseph Susi et al., Respondents, v. Acme Cassa, Inc., et al., Defendants, and Ætna Casualty and Surety Company et al., Appellants

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

December 13, 1965


Order reversed, without costs, and motion granted.

The amended answer shall be served within 20 days after entry of the order hereon. The denial of the motion was grounded upon a holding that appellants did not present a reasonable excuse for their delay in making their motion, and that the affidavit of merits with respect to the proposed amended answer is insufficient. In our opinion, the explanation offered for the delay was, upon the facts shown in the record herein...

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