Lange v. Hirsch
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, New York county. Action by John C. Lange against Henry Hirsch and others. From an order compelling defendants to accept an amended complaint, the)' appeal.
1Opinion of the CourtO’Brien, J.
The plaintiff, having been permitted to apply at special term for leave to amend his complaint and to serve it, was granted such leave, with certain restrictions. The plaintiff then paid to the defendants, costs awarded by the order of the special term, and served a copy of an amended complaint. This was returned as not in compliance with the order permitting it. A new amended complaint was served, and service was admitted on the original. The amended complaint was retained for three days thereafter, and then returned as not conforming to the order; and motion was made by the plaintiff to…
2Cases cited1 opinion
- Fredericks v. . TaylorNew York Court of Appeals · 1873