
    Abraham H. Ryan, as Administrator, etc., of Charles H. Ryan, Deceased, Appellant, v. Ann Duffy, Respondent.
    Taches in making a motion to amend a reply ■—■ not excused by the attorney’s affidavit, that the plaintiff had not prior knowledge of the facts.
    
    A motion for leave to serve an amended reply is properly denied where the plaintiff is not sworn, and the only excuse for the delay in making the motion is a statement in the affidavit of the plaintiff’s attorney that the plaintiff did not learn the facts until shortly before the motion was made.
    Appeal by the plaintiff, Abraham H. Ryan, as administrator, etc., -of Charles H. Ryan, deceased, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the. 14th day of May, 1900, denying his motion for leave to serve an amended reply.
    
      A. S. Ridley, for the appellant.
    
      Chauncey S. Truax, for the respondent.
   Per Curiam:

The plaintiff seeks to excuse his delay in making this application "because he did not learn the facts until shortly before the motion was made. But this excuse appears only by the affidavit of his .attorney. The plaintiff himself is not sworn. This defect is fatal, and for this reason the denial of the motion was correct and the •order must be affirmed, with ten dollars costs and disbursements, without prejudice, however, to the right of the plaintiff, upon payment of the costs of the appeal and of the motion below, to renew ■upon proper papers.

Present — Van Brunt, P. J., Rumsey, Ingraham, McLaughlin and Hatch, JJ.

Order affirmed, with ten dollars costs and disbursements, without prejudice to plaintiff’s right, on payment of costs of appeal and motion below, to renew on proper papers.  