Snedecor v. Chapel
Cases that cite this one
3 later published cases cite this decision.
- Angelini v. Merchants Despatch Transportation Co. (Appellate Division of the Supreme Court of New York 1938)
- Wrobleski v. Wakefield Homes, Inc. (Appellate Division of the Supreme Court of New York 1974)
- Kafka v. O'Malley (Minn. 1946)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Plaintiff was not premature in moving for judgment upon the first answer, since she moved after issue joined. (Code Civ. Proc. § 547.) A power to amend cannot be invoked to defeat such motion unless exercised by serving a new answer before the motion is heard. (Dorf v. Corsa, 163 N. Y. Supp. 602.) But service of a new answer wholly supersedes the original answer. The order thereon then becomes unimportant, save as to motion costs, and upon the hearing here these have been waived. Nothing substantial being now left, the appeal is dismissed, without costs. Jenks, P. J., Mills, Rich, Putnam and Kelly, JJ., concur.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.