Legal Opinion
Cole v. Mandell Food Stores, Inc.
New York Court of Appeals
Decided February 16, 1999PublishedCited by 36 opinions
1Opinion of the Court
OPINION OF THE COURT
Smith, J.
In this personal injury action, the primary issue is whether a plaintiff seeking to recover noneconomic damages from a defendant whose liability is less than 50% may claim an exemption set forth in CPLR 1602 without pleading the exemption or seeking leave to amend the pleadings to include the allegation at any stage of the action. We answer this question in the negative. Plaintiff here failed to satisfy his pleading burden and is therefore precluded from raising the issue on appeal. Moreover, on the cross appeal by third-party defendant, we conclude that Supreme…
2Cases cited11 opinions
- Sommer v. Federal Signal Corp.New York Court of Appeals · 1992
- Dermatossian v. New York City Transit AuthorityNew York Court of Appeals · 1986
- Cooney v. Osgood Machinery, Inc.New York Court of Appeals · 1993
- Foley v. D'AgostinoAppellate Division of the Supreme Court of the State of New York · 1964
- Kambat v. St. Francis HospitalNew York Court of Appeals · 1997
6 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Rangolan v. County of NassauNew York Court of Appeals · 2001
- Morales v. County of NassauNew York Court of Appeals · 1999
- Lubecki v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2003
- Pamela N. v. Neil N.Appellate Division of the Supreme Court of the State of New York · 2012
- Devore v. Pfizer Inc.Appellate Division of the Supreme Court of the State of New York · 2008
31 more not listed; retrieve them via the Exa API.