Flatow v. Von Bremsen
City of New York Municipal Court
Action by Richard Flatow against Theodore Yon Bremsen for slander. After the service of the complaint, which was made at the time of the arrest of the defendant, the plaintiff, without leave of court obtained therefor, served an amended complaint whereby special damages are alleged to have been sustained by reason of the utterance of the words set forth. The plaintiff contends that the amended complaint cannot be considered on this motion.
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Action by Richard Flatow against Theodore Yon Bremsen for slander. After the service of the complaint, which was made at the time of the arrest of the defendant, the plaintiff, without leave of court obtained therefor, served an amended complaint whereby special damages are alleged to have been sustained by reason of the utterance of the words set forth. The plaintiff contends that the amended complaint cannot be considered on this motion. Defendant moves to vacate an order or arrest on the papers upon which it was granted, on the ground that the complaint failed to set forth a sufficient…
1Opinion of the CourtGiegerich, J.
The only substantial question to be determined upon this motion is whether the amended complaint, which was served after service of the notice of motion to vacate the order of arrest, should be resorted to to uphold the order of arrest herein. On the 31st day of July, 1890, the defendant was arrested by virtue of an order of arrest granted herein on the 28th day of July, 1890, upon the affidavits of the plaintiffs, Caroline Roth Rowsky and John Grolmund, and upon the summons and complaint accompanying the same, and at the time of his arrest he was served with a copy of the order of arrest and…
2Cases cited27 opinions
- Hillis v. BleckertNew York Supreme Court · 1889
- Humphrey v. . HayesNew York Court of Appeals · 1884
- Saratoga Gas & Electric Light Co. v. HazardNew York Supreme Court · 1889
- Bartlett v. SutoriusNew York Supreme Court · 1890
- Lennon v. BrandtCity of New York Municipal Court · 1888
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