Lange v. Hirsch
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Henry Hirsch and others, from an ■order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York •on the 8th day of August, 1898, requiring the defendants to accept •service of the plaintiff’s amended complaint.
1Opinion of the Court
O’Brien, J. :
The plaintiff, having been'permitted to apply at Special Term for leave to amend his complaint and to serve it, was granted such leave with certain restrictions. The plaintiff then paid to. the defendants costs awarded by the order of the Special Term, and served a copy of an amended complaint. This was returned as not in compliance with the ..order permitting it. A new amended complaint was served, and service was admitted on the original, The •amended complaint was retained for three days thereafter and then returned as not conforming to the order, and motion was made by ihe…
2Cases cited1 opinion
- Fredericks v. . TaylorNew York Court of Appeals · 1873
3Cited by1 opinion
- Mann v. Press Publishing Co.Appellate Division of the Supreme Court of the State of New York · 1909