Muglia v. Erie Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Erie Railroad Company, 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 15th day of June, 1904, granting the plaintiff’s motion to strike out the amended answer of the defendant, unless the latter should stipulate that the date of issue should remain as if no amended answer had been served.
1Opinion of the Court
O’Brien, J.:
The summons and complaint Were served on April 6, 1904, and thereafter the defendant obtained an order extending its time to plead twenty days. On April 27, 1904, on the application of the plaintiff, the order granting the extension was amended by providing that the issue be as of the original date, namely, April 26, 1904, and on April 27,1904, the plaintiff filed his note of issue and served his notice of trial for the June term, 1904. On May 14, 1904, the defendant served its answer, and on May 23, 1904, served its notice of trial for June, 1904, and the cause was duly placed on…
2Cases cited2 opinions
- Coler v. LambAppellate Division of the Supreme Court of the State of New York · 1897
- Harney v. Provident Savings Life Assurance SocietyAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by2 opinions
- Woolson Spice Co. v. Columbia Trust Co.New York Supreme Court · 1920
- Ullman v. TannerAppellate Division of the Supreme Court of the State of New York · 1908