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WESTINGHOUSE ELEC. CORP. v. LYONS

281 A.D. 820 (1953)

Westinghouse Electric Corporation, Respondent, v. Joseph H. Lyons et al., Individually and as Copartners Doing Business under the Name of Lyons Electrical Distributing Company, Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

February 17, 1953.

(No. 6449.) When the amended answer was served it eliminated from the action, the pleading it was intended to supersede. The previous pleading is dead and the case stands as if the pleading had never been served. The amended answer does not contain the allegations that were set forth in defendants' original pleading as to which plaintiff sought amplification. Hence to preclude defendants from offering any evidence on the trial of...

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