neutral
Cited (no substantive treatment)
published
Issue: proposed amended claimNY ↗
Issue: striking defenseNY ↗
0.2 score
Cited for
No citing cases on record.
Milton Lazarus
v.
Elmer Rice, as President of the Dramatists' Guild of the Authors' League of America, Inc., an Unincorporated Association of more than Seven Members
v.
Elmer Rice, as President of the Dramatists' Guild of the Authors' League of America, Inc., an Unincorporated Association of more than Seven Members
Appellate Division of the Supreme Court of the State of New York.
Dec 22, 1944.
Published opinion
Cited by 7 opinions | Published
On a motion for leave to serve an amended complaint the sufficiency of the proposed pleading will not ordinarily be inquired into. (Holgan Bros., Inc., v. Beekman Hospital, 267 App. Div. 815, 816.) It cannot be said on the present record that plaintiff was guilty of loches as a matter of law. Order reversed, with twenty dollars costs and disbursements, and 'the motion granted. Present — Martin, P. J., Townley, Glennon, Cohn and Callahan, JJ.; Glennon and Cohn, JJ., dissent and vote to affirm. Settle order on notice. [See 269 App. Div. 684.]