Callahan v. Gilman
42 N.Y.S. 497
N.Y. App. Div.1896Check TreatmentThe amended complaint was served within 20 days after the answer was served, and was in time. Code Civ. Proc. § 542. It does not appear to have been served in bad faith. It superseded the original complaint, and thus deprived the motion of the basis upon which it rested. The motion should have been denied, without costs or prejudice.
Order reversed, with §10 costs and disbursements, without prejudice to a new motion.