Gold v. M. Langfelder & Son, Inc.
Appellate Terms of the Supreme Court of New York
Appeal by defendant from a judgment of the Municipal Court of the city of New York, borough of Manhattan,' sixth district, in favor of the plaintiff.
1Opinion of the CourtGavegan, J.
The action to recover damages for breach of contract of employment was commenced by the service of a summons and verified complaint on July 21, 1915, and issue was duly joined on July 27, 1915. By reason of a rule adopted in the Municipal courts the action could not be tried during the summer months and, after having been adjourned to a day in September, it was evidently tried on October 13,1915.
The original summons demanded judgment for $387.50. At the trial the summons and complaint were amended to conform to the proof, over defendant’s objection and exception, and the amount claimed in the…
2Cases cited2 opinions
- Hamburger v. HellmanAppellate Division of the Supreme Court of the State of New York · 1905
- Warden v. GoldmanAppellate Terms of the Supreme Court of New York · 1914
3Cited by2 opinions
- Davidoff v. ChipornoiAppellate Terms of the Supreme Court of New York · 1917
- Pichenick v. City of New YorkCity of New York Municipal Court · 1916