Franks v. Bankers Trust Co.

This is a motion to strike a case from the Special Term Calendar of this court. The facts are not in dispute. It appears that after issue was joined by the service of the answer *725of the moving defendant, the plaintiff served and filed a note of issue setting the cause down for trial in accordance with the provisions of rule 150 of the Rules of Civil Practice. On the same day that the note of issue was served, the plaintiff served a notice of intention to amend his cause of action on the trial. Thereafter within the period allowed by law for the service of an amended answer as of course the…