Eissing Chem. Co. v. People's Nat'l Bank of Brooklyn
| Decision Date | 04 December 1923 |
| Parties | EISSING CHEMICAL COMPANY, Appellant, v. PEOPLE'S NATIONAL BANK OF BROOKLYN, Respondent. |
| Court | New York Court of Appeals Court of Appeals |
OPINION TEXT STARTS HERE
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the Second Judicial Department (205 App. Div. 89,199 N. Y. Supp. 342), entered April 6, 1923, which reversed an order of Special Term denying a motion for leave to amend the answer by pleading as a special defense a judgment against plaintiff rendered in a different action involving the same issues and granted said motion. The following questions were certified:
‘1. Is the defendant, appellant, entitled to an order permitting it to amend its answer by pleading as a separate defense a certain judgment, docketed in the office of the clerk of the county of Kings on or about the 17th day of June, 1919, together with the proceedings and papers incident thereto, in an action in the Supreme Court, state of New York, county of Kings, wherein the Eissing Chemical Company, the plaintiff in this action, was plaintiff, and William F. Eissing and others were defendants?
Bernard C. McKenna, of New York City, for appellant.
Marshall McLean, of New York City, for respondent.
Order affirmed, with costs; first question certified not answered, and second question answered in affirmative.
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