Callahan v. Gilman
This text of 11 A.D. 522 (Callahan v. Gilman) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
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 It superseded the original complaint, and thus deprived {he motion of the basis upon which it rested.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]*523The 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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