Legal Opinion
Joyce v. Eastman Kodak Co.
New York Supreme Court
Decided March 15, 1917Published
Motion to strike case from calendar and to compel a reply.
1Opinion of the CourtRodenbeck, J.
1. The defendant is entitled to have this case stricken from the present trial calendar. It was *362noticed for trial and placed upon the calendar within fourteen days after issue joined by the service of an amended answer. A case may be placed upon the calendar only as provided by section 977 of the Code of Civil Procedure. These provisions are statutory and the court has no discretion in the matter. The defendant had the right to amend its answer of course within twenty days after the service of its original answer (Code Civ. Pro. § 542) and the service of the amended answer destroyed the…
2Cases cited8 opinions
- Shanahan v. . Monarch Engineering Co.New York Court of Appeals · 1916
- Matter of Larsen v. . Paine Drug Co.New York Court of Appeals · 1916
- Claim of Gleisner v. Gross & HerbenerAppellate Division of the Supreme Court of the State of New York · 1915
- Coler v. LambAppellate Division of the Supreme Court of the State of New York · 1897
- Beyer v. Henry Huber Co.Appellate Division of the Supreme Court of the State of New York · 1906
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