JAMES-SMITH v. ROTTENBERG


32 A.D.2d 792 (1969)

Beatrice James-Smith, Appellant, v. Meshulem Rottenberg, Respondent

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

June 9, 1969


Order reversed, on the law and the facts, with $10 costs and disbursements, and motion denied.

Respondent's answer, which was served on June 14, 1966, contained general denials. By notice of motion dated August 30, 1968 he moved to amend his answer by setting forth the affirmative defenses of fraud and illegality. At this time the case had reached the top of the Trial Calendar. Appellant's case was prepared on the basis of an answer containing a general denial; she...

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