Legal Opinion
Guest v. City of Buffalo
Appellate Division of the Supreme Court of the State of New York
Decided March 1, 1985PublishedCited by 8 opinions
1Opinion of the Court
— Judgment, insofar as it dismissed the action as against defendant City of Buffalo, unanimously reversed, on the . law and facts and insofar as it granted judgment against defendant Stachowiak, unanimously vacated in the interest of justice, with costs against the City of Buffalo, and a new trial granted against said defendants. Memorandum: The court erred in denying plaintiffs’ motion, made at the close of their case, to amend the pleadings to conform to the proof and dismissing the complaint against the City of Buffalo.
*1081The complaint against the city alleged only passive negligence (i.e.,…
2Cases cited4 opinions
- Edenwald Contracting Co. v. City of New YorkNew York Court of Appeals · 1983
- Muszynski v. City of BuffaloNew York Court of Appeals · 1971
- Muszynski v. City of BuffaloAppellate Division of the Supreme Court of the State of New York · 1969
- Barrett v. City of BuffaloAppellate Division of the Supreme Court of the State of New York · 1983
3Cited by8 opinions
- Peck v. Tired Iron Transport, Inc.Appellate Division of the Supreme Court of the State of New York · 1994
- General Electric Co. v. A. C. Towne Corp.Appellate Division of the Supreme Court of the State of New York · 1988
- Camera v. BarrettAppellate Division of the Supreme Court of the State of New York · 1988
- Lewis & Clarkson v. October Mountain Broadcasting Co.Appellate Division of the Supreme Court of the State of New York · 1987
- Rothstein v. City UniversityNew York Court of Claims · 1990
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