
    (41 Misc. Rep. 16.)
    BATES v. PLASMON CO. OF AMERICA et al.
    (Supreme Court, Special Term, Kings County.
    June, 1903.)
    1. Pleading — Amended Answer.
    Where defendant has served Ms answer hy mail, he can at any time within 40 days thereafter serve an amended answer.
    Action by Eindon W. Bates against the Plasmon Company of America and Howard E. Wright. The defendant Wright served his answer by mail, and, more than 20 days and less than 40 days thereafter, served an amended answer, which was returned as served too late. Motion to direct service to stand.
    Granted.
    Rudd & Sykes, for the motion.
    Goodale, Hanson & Price, opposed.
   MADDOX, J.

For the reason stated in Binder v. Metropolitan St. Ry. Co., 68 App. Div. 281, 74 N. Y. Supp. 54, and on that authority, the motion must be granted.

Motion granted.  