Robinson v. Thomas
Appellate Division of the Supreme Court of the State of New York
Appeal from an order entered in the Hew York county clerk's office on the 24th day'of March, 1908, as resettled by an order dated the 3d day of July. 1908, and entered in said clerk’s office, granting plaintiffs leave to serve an amended complaint.
1Opinion of the Court
Ingraham, J.:
The original plaintiff in this action died and his executors made an application to revive the action and continue it in the name of his executors. The order on that motion permitted the plaintiffs to serve an amended complaint. Upon appeal to this court that order so far as it permitted the plaintiffs to serve an amended complaint was reversed upon several grounds. One ground .was that the proposed amended complaint was not made part of the moving papers, and another was that it was stated that a demurrer had been sustained to the complaint because of a defect of parties and…
2Cited by1 opinion
- Catanese v. LipschitzAppellate Division of the Supreme Court of the State of New York · 1974