Orlik v. National Carbon Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Louis Orlik and another, 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 1st day of December, 1916, requiring plaintiffs to accept service of a fourth amended answer.
1Opinion of the Court
Scott, J.:
This appeal calls in question the proper construction to be given to the first sentence of section 542 of the Code of Civil Procedure reading 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.” In the present case a complaint was served on May 22, 1916. On June 10, 1916, the answer was served. A motion was made to strike from the answer certain matter…
2Cases cited4 opinions
- Brooks Bros. v. TiffanyAppellate Division of the Supreme Court of the State of New York · 1907
- Backes v. Mechanics & Traders' BankAppellate Division of the Supreme Court of the State of New York · 1909
- White v. Mayor of New YorkThe Superior Court of New York City · 1857
- Town of Hancock v. Delaware & Eastern RailroadAppellate Division of the Supreme Court of the State of New York · 1908
3Cited by3 opinions
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- MATTER OF GRIDLEY BLDG., INC. v. GingoldNew York Court of Appeals · 1962
- González Reyes v. González ReyesSupreme Court of Puerto Rico · 1932