Angelini v. Merchants Despatch Transportation Co.

Defendant, without answering, moved to dismiss the complaint, on the ground, among others, that the Statute of Limitations had run against plaintiff’s cause of action. Plaintiff made a cross-motion to be allowed to serve an amended complaint. The latter motion was unnecessary, because plaintiff had the right to serve an amended complaint at any time “ within twenty days after the service of a notice of a motion addressed to the pleading.” (Civ. Prac. Act, § 244.) Within a day or two thereafter plaintiff exercised that right to serve an amended complaint without waiting for a decision of the…