Fitzgerald v. Robrick

The plaintiff served and filed a note of issue placing this cause on the calendar; the defendant moves to strike it from the calendar; the basic ground is that the original date of issue was broken by the service of a subsequent pleading. Issue was joined by the service of an answer on November 14, 1942; on November 16th, the plaintiff served a note of issue and a jury demand for the December term commencing December 7, 1942; no counterclaim was interposed, but separate affirmative defenses were pleaded to which service of a formal reply was unnecessary, as an allegation of new matter in the…