Fisher v. Gunn
The Superior Court of the City of New York and Buffalo
Action by Henry J. Fisher and others against William Gunn and others. Defendant moves to strike the cause from the special term calendar.
1Opinion of the CourtGildersleeve, J.
This is a motion to strike from the special term calendar the within action, on the ground that an amended pleading has been served, and no new note of issue has been filed since the service of such amended pleading. The plaintiffs claim that the new pleading is a supplemental and not an amended one. It is well settled that no new note of issue need be filed after a supplemental complaint has been served (Lovatt v. Watson, 35 Hun, 553; Myers v. Railway Co. [Com. Pl. N. Y.] 12 N. Y. Supp. 4); whereas, after an amended pleading is served, there must be a new notice of trial and a new note of…
2Cases cited2 opinions
- Black v. Continental National BankNew York Supreme Court · 1877
- Gair v. BirminghamThe Superior Court of the City of New York and Buffalo · 1891
3Cited by1 opinion
- New York Contracting & Trucking Co. v. HawkesNew York Supreme Court · 1903