Gropp v. Great Atlantic & Pacific Tea Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Great Atlantic and Pacific Tea Company, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 29th day of December, 1913, granting plaintiff’s motion for leave to serve an amended complaint setting up a second cause of action.
1Dissent
Ingraham, P. J. (dissenting):
I think this order should be reversed on the ground that the motion to amend was made too late and after the Statute of Limitations had run against the cause of action, which the court now allowed to be pleaded.
The accident happened on the 19th of December, 1901; the action was commenced on the 3d of March, 1908, and the case came on for trial on the 1th of February, 1910. On that trial the court allowed the plaintiff to amend the complaint by alleging a cause of action based upon the viciousness of a horse owned by the defendant and driven by one of its drivers.…
2Cases cited2 opinions
- Gropp v. Great Atlantic & Pacific Tea Co.Appellate Division of the Supreme Court of the State of New York · 1910
- Gropp v. Great Atlantic & Pacific Tea Co.Appellate Division of the Supreme Court of the State of New York · 1913