In the interests of justice the judgment is reversed and a new trial granted in order to give the defendant an opportunity to amend his answer by pleading the defense provided for by section 1163 of the Civil Practice Act, and to present proof with reference thereto. Lazansky, P. J., Young, Kapper, Hagarty and Scudder, JJ., concur.
Galante v. Galante
Court: Appellate Division of the Supreme Court of the State of New York
Date filed: 1933-06-15
Citations: 240 A.D. 727
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