Conway v. Farish-Stafford Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Farish-Stafford Company, from an order of the Supreme Court, made at the Queens County Special Term and entered in the office of the clerk of the county of Queens on the 24th day of April, 1913, denying a motion to vacate an order of reference.
1Per curiam
In the form in which this action was originally brought it was for compensation under the contract, and was clearly referable. If the amendment to the complaint which the referee allowed had the effect of changing the cause of action to one for damages for breach of the contract, or of adding to the original cause of action for compensation a second cause of action for such damages, such amendment was not within the power of the referee to grant. (Perry v. Dickerson, 85 N. Y. 345.) If plaintiff is entitled thereto, as to which we express no opinion, application therefor must be made to the…
2Cases cited1 opinion
- Perry v. . DickersonNew York Court of Appeals · 1881
3Cited by3 opinions
- Conway v. Farish-Stafford Co.Appellate Division of the Supreme Court of the State of New York · 1916
- Conway v. Farish-Stafford Co.Appellate Division of the Supreme Court of the State of New York · 1915
- Conway v. Farish-Stafford Co.Appellate Division of the Supreme Court of the State of New York · 1915