Fisher v. Gunn

This is a motion to strike from the special term calendar the within action, on the ground that an amended pleading has been served, and no new note of issue has been filed since the service of such amended pleading. The plaintiffs claim that the new pleading is a supplemental and not an amended one. It is wall settled that no new note of issue need be filed after a supplemental complaint has been served. Lovatt v. Watson, 35 Hun, 553 ; Myers v. Railway Co., 34 St. Rep. 293 : whereas, after an amended pleading is served, there must be a new notice of trial and anew note of issue. Gair v.…