32 N.Y.S. 1127 | N.Y. Sup. Ct. | 1895
The summons and complaint in this action were served on the 16th of August, 1894, and on the 12th of November the defendant served an answer. On the 24th of November a notice of motion for a severance of the action and for a judgment of $17,079.24, claimed to be admitted to be due in said answer, was served; said notice being returnable on the 3d of December, the last day for the defendant to serve an amended answer. The defendant asked that the motion stand over until the following day in order that it might serve its amended answer. This application was granted, and the next day the defendant, pursuant to such leave, served and submitted to the court such amended answer, and at the same time served upon the plaintiff an offer of judgment for $24,000. The original answer and the offer to allow judgment are contained in the papers handed up upon this appeal. It is undoubtedly true that the plaintiff was entitled to the relief demanded by this motion under the original answer. But the amended answer contains no such specific admissions as