Legal Opinion

Harney v. Provident Savings Life Assurance Society

Appellate Division of the Supreme Court of the State of New York

Decided June 15, 1899PublishedCited by 3 opinions

Appeal by the defendant, William H. Harney, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 3d day of May, 1899, striking out his amended answer.

1Opinion of the Court

Hatch, J.:

Issue was joined in this action by the service of an answer on the 29th day of March, 1899. On April seventeenth following, the plaintiff noticed the cause for trial at the May Special Term, which notice was received by the defendants’ attorney, with a verbal notice that it was without prejudice to his right to amend his answer. On the next day, being the eighteenth, and the last day upon which defendant had the right to amend, he served upon the plaintiff an amended answer. Thereupon the plaintiff moved to strike out such amended answer upon three grounds: First, that the pleading…

2Cases cited1 opinion

  1. Cashman v. . ReynoldsNew York Court of Appeals · 1890

3Cited by3 opinions

  1. Muglia v. Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1904
  2. Naylor v. LoomisAppellate Division of the Supreme Court of the State of New York · 1903
  3. Naylor v. LoomisAppellate Division of the Supreme Court of the State of New York · 1903

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