Town of Hancock v. Delaware & Eastern Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Delaware and Eastern Railroad Company, from an order of the Supreme Court, made at the Broome Special Term and entered in the office of the clerk of the county of Delaware on the 8th day of June, 1908, requiring the defendant, to accept an amended complaint.
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Appeal by the defendant, the Delaware and Eastern Railroad Company, from an order of the Supreme Court, made at the Broome Special Term and entered in the office of the clerk of the county of Delaware on the 8th day of June, 1908, requiring the defendant, to accept an amended complaint. The original complaint was served July 5, 1907. The answer was served August 9,1907. More "than three months thereafter and on November 21, 1907, at the request of plaintiff, defendant stipulated that plaintiff might serve an amended complaint within ten days upon payment of thirty-five dollars costs. Pursuant…
1Opinion of the Court
Cochrane, J. :
The order was granted on the ground that plaintiff had a right to serve the second amended complaint as a matter of course under section 542 of the Code of Civil Procedure. That section provides as follows: “ Within twenty days after a pleading or the answer, demurrer or reply thereto" is served or at any time before the period for answering it expires the pleading may be once amended by the party of course without costs and without prejudice- to the proceedings already had.”
"The statute gives a party an absolute right to amend his pleading once as a matter of course, provided…
2Cases cited6 opinions
- Brooks Bros. v. TiffanyAppellate Division of the Supreme Court of the State of New York · 1907
- White v. Mayor of New YorkThe Superior Court of New York City · 1857
- Jeroliman v. CohenThe Superior Court of New York City · 1852
- Sands v. CalkinsNew York Supreme Court · 1865
- Mussinan v. HattonThe Superior Court of the City of New York and Buffalo · 1894
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3Cited by3 opinions
- O'Connell v. WilsonAppellate Division of the Supreme Court of the State of New York · 1914
- Orlik v. National Carbon Co.Appellate Division of the Supreme Court of the State of New York · 1917
- Woolson Spice Co. v. Columbia Trust Co.New York Supreme Court · 1920