Mayer v. Miller

Plaintiff sued defendants as executors for legal services. Defendants moved for judgment on the pleadings, which motion was granted on the ground that defendants, as executors, are not liable to plaintiff for legal services rendered to them. (Parker v. Day, 155 N. Y. 383, 387.) Though twenty days had not elapsed after defendants’ motion papers were served, after the decision of the Special Term, plaintiff served what he terms an amended complaint, substantially in the same form as the original complaint, except that defendants are named individually and not as executors. This was returned by…