Security Finance Co. v. Stuart

On September 13, 1927, plaintiff served motion papers for summary judgment under rule 113 of the Rules of Civil Practice, the notice specifying that such motion should be heard at the Hornell term commencing September 19, 1927. On September 17, 1927, defendants served an amended answer and now claim . they have a right to do so under section 244 of the Civil Practice Act and thereby defeat a hearing upon the motion. So far as material that section reads: “ Within twenty days after the service of a notice of a motion addressed to the pleading, the pleading may be once amended by the party, of…