1 F.R.D. 239 | S.D.N.Y. | 1940
Plaintiffs’ counsel assuming the applicability of the provisions of the New York Civil Practice Act served an amended complaint within twenty days after the defendant interposed its answer. In this Court a party may amend his pleading once as a matter of course but only before a responsive pleading is served and otherwise by leave of court which “shall be freely given when justice so requires”. Rule 15, Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c.
However, acting upon the alternative suggestion of counsel for the defendant Standard Surety & Casualty Company of New York, the amended com