SOUCHU v. J.I. HASS CO.


81 A.D.2d 884 (1981)

Henrietta Souchu, as Administratrix of The Estate of George Souchu, Deceased, Appellant, v. J.I. Hass Co. et al., Defendants, and A. J. Parrella Blacktopping, Inc., Respondent. (And Third- and Fourth-Party Actions.)

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

May 18, 1981


Order reversed, on the law, with $50 costs and disbursements, and motion denied.

The granting of defendant A. J. Parrella Blacktopping, Inc.'s motion to amend its answer to withdraw the admission that it had provided the allegedly defective pavement roller to decedent's employer was prejudicial. The motion was made after the wrongful death Statute of Limitations expired, preventing the plaintiff from instituting an action against the actual owner and provider of the...

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