Hall v. Galban & Co.
Appellate Division of the Supreme Court of the State of New York
Appeal from an order of the Supreme Court, entered in the New York county clerk’s office on the 26th day of May, 1914, denying defendant’s motion that plaintiff be required to accept service of an amended answer.
1Opinion of the Court
Scott, J.:
The papers on appeal disclose a rather remarkable history of pleadings served, withdrawn and amended by leave of the court, but never until this motion was made has defendant undertaken to avail itself of the right to amend once of course under section 542 of the Code of Civil Procedure. It has been uniformly held that under this section a party has an absolute right to amend once providing he do so within twenty days after service of the answer, demurrer or reply. An amendment by leave of the court is not a substitute for, and does not preclude a subsequent amendment under the…
2Cases cited1 opinion
- Backes v. Mechanics & Traders' BankAppellate Division of the Supreme Court of the State of New York · 1909
3Cited by4 opinions
- City of Yonkers v. MooreAppellate Division of the Supreme Court of the State of New York · 1932
- Walsh v. MartinAppellate Division of the Supreme Court of the State of New York · 1962
- Woolson Spice Co. v. Columbia Trust Co.New York Supreme Court · 1920
- Commissioners of State Insurance Fund v. City Chemical Corp.Appellate Division of the Supreme Court of the State of New York · 1941