RODRIGUEZ v. ROBERT


47 A.D.2d 548 (1975)

Alfredo Rodriguez, Respondent, v. Joe Robert, Respondent, and Rosalie Hoffman, Appellant

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

January 20, 1975


Judgment reversed, on the law and in the exercise of discretion, and new trial granted, with costs to abide the event.

The trial court erred in holding that the pretrial order of Mr. Justice Samansky, dated November 12, 1973, did not permit the amendment of defendant Hoffman's answer so as to deny that the vehicle in question was being used without her permission and consent. Although the notice of motion which resulted in that order requested only limited relief...

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