Legal Opinion

Gardner v. Fyr-Fyter Co.

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

Decided December 10, 1976PublishedCited by 18 opinions

1Opinion of the Court

Order unanimously modified, in accordance with memorandum and, as modified, affirmed, without costs, Simons, J., not participating. Memorandum: Plaintiff appeals from a denial of his motion to serve an amended bill of particulars, to amend the ad damnum clause of his complaint from $100,000 to $300,000 and to amend his complaint to state a cause of action based upon a theory of strict liability. Special Term properly denied plaintiff’s motion to amend his bill of particulars and to amend his ad damnum clause. Plaintiff’s injury occurred in 1966; the original complaint was filed in 1968. After…

2Cases cited12 opinions

  1. Codling v. PagliaNew York Court of Appeals · 1973
  2. Victorson v. Bock Laundry Machine Co.New York Court of Appeals · 1975
  3. Velez v. Craine & Clark Lumber Corp.New York Court of Appeals · 1973
  4. Rainbow v. Albert Elia Building Co.Appellate Division of the Supreme Court of the State of New York · 1975
  5. Jerry v. Borden Co.Appellate Division of the Supreme Court of the State of New York · 1974

7 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. Lancaster Silo & Block Co. v. Northern Propane Gas Co.Appellate Division of the Supreme Court of the State of New York · 1980
  2. Citibank v. SuthersAppellate Division of the Supreme Court of the State of New York · 1979
  3. Cardy v. FreyAppellate Division of the Supreme Court of the State of New York · 1982
  4. Bilhorn v. FarlowAppellate Division of the Supreme Court of the State of New York · 1977
  5. Mi Suk Buley v. Beacon Tex-Print, Ltd.Appellate Division of the Supreme Court of the State of New York · 1986

13 more not listed; retrieve them via the Exa API.

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