Mussinan v. Hatton
The Superior Court of the City of New York and Buffalo
Action by Alfred Mussinan against Loftus D. Hatton. Defendant moves to strike out an amended complaint. Granted.
1Opinion of the CourtGildersleeve, J.
This is a motion to strike out an amended complaint. Before service of the answer to the original complaint, the plaintiff served an amended complaint, which was subsequently stricken out by the court, on motion of defendant. After the amended complaint had been so stricken out the defendant served his answer to the original complaint; and, within 20 days thereafter, plaintiff served another amended complaint. The defendant now moves to strike out this second aniended complaint. The question here presented is, can the plaintiff serve two amended complaints? That is, when the first amended…
2Cases cited5 opinions
- Brown v. . LeighNew York Court of Appeals · 1872
- Robertson v. RobertsonNew York Court of Common Pleas · 1880
- Frank v. BushNew York City Court · 1882
- Seneca County Bank v. GarlinghouseNew York Supreme Court · 1849
- Divine v. DuncanNew York Court of Common Pleas · 1877
3Cited by2 opinions
- Town of Hancock v. Delaware & Eastern RailroadAppellate Division of the Supreme Court of the State of New York · 1908
- Freyhan v. WertheimerNew York Supreme Court · 1907