Mulinos v. Walkoff
Appellate Terms of the Supreme Court of New York
Appeal by plaintiff from an order of the City Court of the city of New York directing him to serve an amended complaint separately stating and numbering the causes of action or to elect on which cause of action he will proceed.
1Opinion of the CourtGavegan, J.
The complaint in the action was served on the defendant on October 25,1915, and defendant’s time to answer expired on November 1, 1915. On that day defendant made a motion to compel plaintiff to separately state and number the causes of action which was dismissed by reason of defects in the moving papers. Thereupon, being in default in serving an answer, he applied to the court for an order opening said default and for time to plead. Said motion was granted and in the order entered therein it was provided “ that the defendant be permitted to serve the proposed answer, upon payment of $10…
2Cases cited1 opinion
- Post v. BlazewitzAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by2 opinions
- Hartmann v. American Mercury, Inc.New York Supreme Court · 1945
- Mulinos v. WalkofAppellate Terms of the Supreme Court of New York · 1916