Congregation Kehal Adath Jeshurun M'yassy v. Universal Bldg. & Const. Co.
New York Supreme Court
Action by the Congregation Kehal Adath Jeshurun M’Yassy against the Universal Building & Construction Company. Motion to compel acceptance of amended complaint.
1Opinion of the CourtDayton, J.
After plaintiff had served notice of trial, but within 20 days from the time the answer was served, it served an amended complaint, which defendant returned, and this motion is to compel the acceptance of the amended complaint. Defendant claims that by the service of notice of trial plaintiff waived its rights to serve an amended complaint as of course, and relies upon Phillips v. Suydam, 54 Barb. 153. That case was overruled upon the dissenting opinion of Justice Clarke in Clifton v. Brown, 27 Hun, 231. Chief Justice Daly, writing for the court in Brassington v. Rohrs, 3 Misc. Rep. 258, 22…
2Cases cited2 opinions
- Brassington v. RohrsNew York Court of Common Pleas · 1893
- Phillips v. SuydamNew York Supreme Court · 1869