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Manente v. Sorecon Corp.
220 N.Y.S.2d 631
N.Y. App. Div.
1961
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The second amended answer shall be served within five days after entry of the order hereon. The service of such answer shall not affect the position of the case on the Trial Calendar. The defense sought to be raised by the second amended answer is one which arose since the service of the present amended answer. There is no claim that the proposed amendment would prejudice the plaintiff in any way. Under the circumstances, the moving party should have been granted leave to serve such second amended answer. Nolan, P. J., Beldock, Ughetta, Kleinfeld and Christ, JJ., concur.

Case Details

Case Name: Manente v. Sorecon Corp.
Court Name: Appellate Division of the Supreme Court of the State of New York
Date Published: Oct 23, 1961
Citation: 220 N.Y.S.2d 631
Court Abbreviation: N.Y. App. Div.
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