MATTER OF PEREZ v. CITY OF NEW YORK


26 A.D.2d 541 (1966)

In the Matter of Maria Perez, Individually and as Administratrix of The Estate of Robert Perez, Deceased, Respondent, v. City of New York, Appellant

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

June 30, 1966


Order entered on August 27, 1965 unanimously reversed, on the law, the facts and in the exercise of discretion, and leave is granted to defendant to serve an amended answer herein on condition that it first pays to plaintiff a full bill of costs to date, including $30 costs and disbursements of this appeal.

Defendant in this wrongful death action seeks to amend its answer and include a defense based upon section 11 and subdivision 6 of section 29 of the Workmen's...

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