Legal Opinion

Cerrato v. R. H. Crown Co.

Appellate Division of the Supreme Court of the State of New York

Decided June 30, 1977PublishedCited by 12 opinions

1Opinion of the Court

— Appeal from an order of the Supreme Court at Special Term, entered November 8, 1976 in Fulton County, which granted plaintiff’s motion to amend her complaint. Special Term granted plaintiffs motion to amend her complaint setting forth two additional causes of action in strict tort liability and breach of warranty, and increasing the ad damnum clause from $150,000 to $500,000. CPLR 3025 (subd [b]) provides for amendment of pleadings at any time by leave of court and that such leave shall be freely given, particularly where, as in the instant case, the allegations are based on the same facts,…

2Cases cited4 opinions

  1. Dickey v. Lockport Prestress, Inc.Appellate Division of the Supreme Court of the State of New York · 1976
  2. Potsdam Welding & Machine Co. v. Neptune Microfloc, Inc.Appellate Division of the Supreme Court of the State of New York · 1977
  3. Palmer v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1971
  4. People v. ChimeraAppellate Division of the Supreme Court of the State of New York · 1976

3Cited by12 opinions

  1. Duffy v. Horton Memorial HospitalNew York Court of Appeals · 1985
  2. Goldstein v. Brogan Cadillac Oldsmobile Corp.Appellate Division of the Supreme Court of the State of New York · 1982
  3. Mendelson v. General Motors Corp.New York Supreme Court · 1980
  4. Bilhorn v. FarlowAppellate Division of the Supreme Court of the State of New York · 1977
  5. Nickel v. Hyster Co.New York Supreme Court · 1978

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