Gropp v. Great Atlantic & Pacific Tea Co.
New York Supreme Court
Motion to amend complaint.
1Opinion of the CourtFord, J.
In the case of Foster v. Central National Bank, 183 N. Y. 379, the Court of Appeals reiterated the doctrine that: ‘‘ The power of the Supreme Court to grant an amendment is most plenary. It may "permit a plaintiff by an amendment of a pleading to bring in additional claims which at the time would be barred by the Statute of Limitations if a new action were then brought upon them. ’’ In Brown v. Leigh, 49 N. Y. 78, *375cited by the court in the Foster case, supra, the court says: ‘‘ The complaint is the statement of the plaintiff’s cause or causes of action. It is this statement or complaint that…
2Cases cited6 opinions
- Hatch v. . Central National BankNew York Court of Appeals · 1879
- Brown v. . LeighNew York Court of Appeals · 1872
- President, Directors, & Co. of the Mechanics' Bank v. MinthorneNew York Supreme Court · 1821
- Foster v. Central National BankNew York Court of Appeals · 1906
- Crookes v. MaxwellDistrict Court, S.D. New York · 1869
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Gropp v. Great Atlantic & Pacific Tea Co.Appellate Division of the Supreme Court of the State of New York · 1914