Trempe v. Perlman
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Louis H. Perlman, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 17th day of January, 1919, granting plaintiff leave to file a supplemental complaint.
1Opinion of the Court
Shearn, J.:
Appeal from an order granting plaintiff leave to serve a supplemental complaint, consisting in the main óf facts existing prior to the commencement of the action, but of which the plaintiff was ignorant, and in part of acts subsequent to the service of the original complaint.
Ordinarily the only occasion for the'service of a supplemental pleading is to allege material facts which occurred after the former pleading; but the Code, section 544, specifically provides for the service of a supplemental pleading alleging material facts of which the pleader was ignorant when the former…
2Cases cited5 opinions
- John D. Park & Sons Co. v. HubbardNew York Court of Appeals · 1910
- Freer v. . DentonNew York Court of Appeals · 1875
- Milliken v. McGarrahAppellate Division of the Supreme Court of the State of New York · 1914
- John D. Park & Sons Co. v. HubbardAppellate Division of the Supreme Court of the State of New York · 1909
- Rummell v. BlanchardAppellate Division of the Supreme Court of the State of New York · 1916
3Cited by2 opinions
- Anglo California National Bank v. KleinNew York Supreme Court · 1936
- Campbell v. Poland Spring Co.Appellate Division of the Supreme Court of the State of New York · 1921