Callahan v. Gilman

Appellate Division of the Supreme Court of New York

Callahan v. Gilman

11 A.D. 522

Appellate Division of the Supreme Court of the State of New York·Decided July 1, 1896·Published·Cited by 1 cases

Opinion

Per Curiam:

The amended complaint was served within twenty days after the answer was served and was in time. (Code Civ. Proc. § 542.) It does not appear to have been served in bad faith. It superseded the original complaint, and thus deprived {he motion of the basis upon which it rested. The motion should have been denied, without costs or prejudice.

[523] The order should be reversed, with ten dollars costs and disbursements, without prejudice to a new motion.

All concurred.

Order reversed, with ten dollars costs and disbursements, and. motion denied, without costs.

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Per Curiam:

The amended complaint was served within twenty days after the answer was served and was in time. (Code Civ. Proc. § 542.) It does not appear to have been served in bad faith. It superseded the original complaint, and thus deprived {he motion of the basis upon which it rested. The motion should have been denied, without costs or prejudice.

[523] The order should be reversed, with ten dollars costs and disbursements, without prejudice to a new motion.

All concurred.

Order reversed, with ten dollars costs and disbursements, and. motion denied, without costs.

Callahan v. Gilman, 11 A.D. 522 (N.Y. Ct. App. 1896).

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Opinion

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