Anello v. Kuss

The plaintiff heretofore moved to strike certain allegations contained in the answer of the defendant. The motion was granted, with leave to the defendant to serve a correct amended answer. Within due time, the defendant served an amended answer. The plaintiff promptly returned the new. pleading, with a notice of rejection to the effect that it did not comply with the order which had granted leave. The defendant moves before me to compel the plaintiff to accept service.

The practice of rejecting pleadings has been allowed by the courts’ where there has not been a proper verification, when the…