Plitt v. Illinois Surety Co.
Appellate Division of the Supreme Court of the State of New York
Appeal from an order of the Supreme Court, entered on the 24th day of November, 1914, permitting plaintiff to serve an amended complaint.
1Opinion of the Court
Scott, J.:
It is a well-established rule, which in our opinion should not be departed from, that no motion for leave to serve an amended or supplemental pleading should be granted unless the motion papers include a copy of the pleading which it is desired to serve. The only exception to this rule is when the proposed amendment is purely formal and of a character which does not affect the issues. No such proposed pleading was served in the present case and the motion for that reason should have been denied. Even if the motion papers had been sufficient to warrant the granting of the motion, the…
2Cited by9 opinions
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- Walsam Fifth Avenue Development Co. v. Lions Gate Capital Corp.Civil Court of the City of New York · 1995
- Ft. Holding Corp. v. OteroCivil Court of the City of New York · 1993
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