Legal Opinion
Simmons M. v. Austin
Appellate Division of the Supreme Court of the State of New York
Decided July 12, 1990PublishedCited by 4 opinions
1Opinion of the CourtMercure, J.
Appeal from an order of the Supreme Court (Ellison, J.), entered October 2, 1989 in Tompkins County, which granted plaintiff’s motion for leave to amend the complaint.
Plaintiff commenced this action in February 1987 as a result of a May 1986 automobile accident. The complaint alleged monetary damages of $100,000, the amount of defendant’s insurance coverage. In September 1989, at a time when trial of the action had been adjourned to October 1989, plaintiff moved for leave to amend the complaint to increase the ad damnum clause to $300,000. Supreme Court granted the motion and defendant…
2Cases cited3 opinions
- Edenwald Contracting Co. v. City of New YorkNew York Court of Appeals · 1983
- Loomis v. Civetta Corinno Construction Corp.New York Court of Appeals · 1981
- Gesing v. FadaleAppellate Division of the Supreme Court of the State of New York · 1988
3Cited by4 opinions
- State v. Super Value, Inc.Appellate Division of the Supreme Court of the State of New York · 1999
- State v. Super Value, Inc.Appellate Division of the Supreme Court of the State of New York · 1999
- Parsons v. Borden, Inc.Appellate Division of the Supreme Court of the State of New York · 2000
- Hojnacki v. BoutonAppellate Division of the Supreme Court of the State of New York · 1993