W. T. GRANT CO. v. REED & TOPPER, INC.


49 A.D.2d 855 (1975)

W. T. Grant Company, Respondent, v. Reed & Topper, Inc., Appellant

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

October 23, 1975


Respondent shall recover of appellant $40 costs and disbursements of this appeal. This action, which arose out of an incident which occurred in April, 1965, was commenced in April, 1967 and issue was joined in July, 1967. Plaintiff has demonstrated that it would clearly be prejudiced by the amendment sought to be made, which amendment could easily have been attempted many years earlier. At this late date neither the records of the defendant, (which apparently went out of...

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