ALCHUS v. AYERS


57 A.D.2d 881 (1977)

James Alchus et al., Respondents, v. James H. Ayers, Defendant, and Huff Auto Body, Inc., Appellant

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

May 16, 1977


Order affirmed, with $50 costs and disbursements.

Appellant seeks, by the proposed amendment, to deny that defendant Ayers had its permission to operate the motor vehicle which was involved in the accident, as is alleged in the complaint. Plaintiffs-respondents' ability to investigate the facts attendant upon such a denial is considerably altered by the change which has occurred since the time of the original pleading, to wit, defendant Ayers is now in prison. Permission...

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