Feizi v. Second Russian Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Second Russian Insurance Company, from an order of the Supreme Court, made at the New York Trial Term and entered in the office of the clerk of the county of New York on the 15th day of December, 1921, granting plaintiff’s motion to amend the complaint.
1Opinion of the Court
Page, J.:
Upon the trial of this action the defendant moved, upon the complaint and the opening of the plaintiff’s counsel, to dismiss the complaint upon the ground that facts sufficient to constitute a cause of action were neither alleged in the complaint nor stated by counsel. The plaintiff’s counsel thereupon moved to amend his complaint in certain particulars, which the defendant’s counsel claims materially changed the cause of action. The court directed the withdrawal of a juror, granted the plaintiff’s motion, and adjourned the trial for two months.
The appellant claims that, as the…
2Cited by17 opinions
- Dittmar Explosives, Inc. v. A. E. Ottaviano, Inc.New York Court of Appeals · 1967
- Koppel Industrial Car & Equipment Co. v. Portalis & Co.Appellate Division of the Supreme Court of the State of New York · 1923
- Blyer v. HershmanCity of New York Municipal Court · 1935
- Copeland v. HugoAppellate Division of the Supreme Court of the State of New York · 1925
- Klippel v. WeilAppellate Division of the Supreme Court of the State of New York · 1923
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