LUCAS v. ST. JOHNS-RALPH SERV. CTR., INC.


26 A.D.2d 646 (1966)

Valerie Lucas, an Infant, by Curtis Lucas, Her Father and Natural Guardian, et al., Respondents, v. St. Johns-Ralph Service Center, Inc. et al., Respondents, and Willie Joyner, Appellant

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

July 5, 1966


Order reversed, without costs, and motion granted.

The proposed answer printed in the record on appeal shall be deemed to be the amended answer; and the codefendants' time to answer with respect to the cross claim is extended until 20 days after entry of the order hereon. In our opinion, under all the circumstances, it was an improvident exercise of discretion to deny leave to the owner to serve an amended answer alleging a cross claim against the service station...

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