Kelly v. Hilbert
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Christian H. Hilbert, 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 6th day of February, 1922, granting plaintiff’s motion for leave to amend the complaint.
1Opinion of the Court
Page, J.:
The wording of the order is unscientific. Leave is granted the plaintiff to serve and file an amended complaint, “ and that the issue in this action remain undissolved and the case retain its present position upon the calendar.” The phrase, “ that the issue * * * remain undissolved,” does not clearly convey to the mind any idea of the meaning of the order. In his notice of motion the plaintiff asked for leave to serve and file “ an amended complaint in accordance with the annexed proposed amended complaint, and at the same time permitting the issue heretofore joined herein to remain…
2Cases cited2 opinions
- Stehli Silks Corp. v. KleinbergAppellate Division of the Supreme Court of the State of New York · 1922
- Bertman v. NeisnerAppellate Division of the Supreme Court of the State of New York · 1917
3Cited by4 opinions
- Wernberg v. StateAlaska Supreme Court · 1973
- Goldner Trucking Corp. v. Stoll Packing Corp.Appellate Division of the Supreme Court of the State of New York · 1960
- O'Hara v. DerschugNew York Supreme Court · 1934
- Ardell Marine Corp. v. DuchinskyNew York Supreme Court · 1958