Hubert v. Apostoloff
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Sergius Apostoloff, 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 13th day of January, 1922, compelling defendant to accept service of an amended complaint.
1Opinion of the Court
Smith, J.:
The amended complaint was one served as of right, claimed to have been served within twenty days after service of the amended answer. The ground of the refusal of the defendant to accept the amended complaint was that it was not served within twenty days from the date of the service of the amended answer.
The amended answer was served and was returned improperly. Thereafter the court required the plaintiff to accept the amended answer. The amended complaint, amended, as of course, was served within twenty days from the date of that order requiring the plaintiff to accept the amended…
2Cited by3 opinions
- Anello v. KussNew York Supreme Court · 1956
- New England Tire & Sales Co. v. Kelly-Springfield Tire Co.Appellate Division of the Supreme Court of the State of New York · 1925
- Emigrant Industrial Savings Bank v. Fleetwood Terrace, Inc.Appellate Division of the Supreme Court of the State of New York · 1936