Milliken v. McGarrah
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Foster Milliken, 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 5th day of June, 1914, denying plaintiff’s motion for leave to serve a supplemental complaint.
1Opinion of the Court
McLaughlin, J.:
This appeal is from an order denying a motion for leave to serve a supplemental complaint. Action to recover $4,500,000 damages alleged to have been sustained by plaintiff through the unlawful conduct of defendants. Issue was joined on the 9th of May, 1914, and on the twenty-seventh of the same month plaintiff made a motion for leave to serve a supplemental complaint, alleging certain facts which it is claimed occurred since the service of the answer. The motion was denied, as appears from a memorandum of the learned justice before whom it was made, on the ground that plaintiff…
2Cases cited2 opinions
- Horowitz v. GoodmanAppellate Division of the Supreme Court of the State of New York · 1906
- Merrihew v. KingsburyAppellate Division of the Supreme Court of the State of New York · 1912
3Cited by16 opinions
- Lucido v. MancusoAppellate Division of the Supreme Court of the State of New York · 2008
- Doyle v. Chatham & Phenix National BankAppellate Division of the Supreme Court of the State of New York · 1927
- Shatsky v. Sea Gate Ass'nNew York Supreme Court · 1958
- Hennenlotter v. Norwich Union Fire Insurance SocietyNew York Supreme Court · 1924
- Blessington v. McCrory Stores Corp.New York Supreme Court · 1949
11 more not listed; retrieve them via the Exa API.