Wright v. Zimmerman

This is a motion to strike the case from the calendar on the ground that there has been no new note of issue filed and no new notice of trial.served since the service of the amended pleadings. See Yates, v. McAdam, 18 Misc. Rep. 296. The plaintiff claims, in opposition to the motion, that inasmuch as the only amendment consists in raising the amount of damages claimed to have' been caused by the personal injury charged in the complaint from $5,000 to $10,000, and inasmuch as the answer to the amended complaint is identical with the original answer, the issues have not been changed, no new…