Guenther v. Ridgway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Lonis Guenther, 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 11th day of May, 1916, declaring null and void and of no effect the attempted service of a second amended complaint.
1Opinion of the Court
Page, J.:
Upon motion of the defendant portions of the original complaint were stricken out, and the plaintiff given leave to amend. An appeal therefrom was taken to this court and the order affirmed (149 App. Div. 948), and thereafter the plaintiff served an amended complaint pursuant to the order. A trial was thereafter had which resulted in a verdict for the plaintiff, which on appeal to this court was reversed and a new trial ordered. (170 App. Div. 725.) Thereafter defendant moved to be allowed to serve an amended answer and was allowed to do so upon the payment of costs to date. Upon the…
2Cases cited2 opinions
- Backes v. Mechanics & Traders' BankAppellate Division of the Supreme Court of the State of New York · 1909
- Guenther v. Ridgway Co.Appellate Division of the Supreme Court of the State of New York · 1915
3Cited by2 opinions
- Huebshman v. KugelmanAppellate Division of the Supreme Court of the State of New York · 1920
- Walsh v. MartinAppellate Division of the Supreme Court of the State of New York · 1962