Gair v. Birmingham
The Superior Court of the City of New York and Buffalo
Action by Gerald Gair against Birmingham & Co. to recover for services ■rendered by plaintiff to defendants. Defendants move to strike the cause from the calendar, and plaintiff moves that his notice of trial and note of issue be amended nunc pro tune.
1Opinion of the CourtMcAdam, J.
The defendants served an answer to the complaint, and the plaintiff thereupon served a notice of trial, and filed a note of issue. The defendants thereafter served an amended answer. The plaintiff moved to strike out the answer, and the application was denied by Judge Dugro. See Code, § 542. The defendant now moves to strike the case from the calendar, and the plaintiff makes a counter-motion for leave to amend his notice of trial and note of issue, nunc pro tune. The rule is settled that, where an amended pleading is served, there must be a new notice of trial (Ostrander v. Conkey, 20 Hun,…
2Cases cited2 opinions
- Black v. Continental National BankNew York Supreme Court · 1877
- Clinton v. MyersNew York Supreme Court · 1872
3Cited by4 opinions
- Fisher v. GunnThe Superior Court of the City of New York and Buffalo · 1895
- Wood v. McGuireCity of New York Municipal Court · 1898
- Fisher v. GunnThe Superior Court of New York City · 1895
- Joyce v. Daily Mirror, Inc.Appellate Division of the Supreme Court of the State of New York · 1933