Brinberg v. Oliver Typewriter Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Harry Brinherg, 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 11th day of September, 1916, denying his motion for leave to serve a supplemental complaint upon the ground that the proper remedy is to move to serve an amended complaint.
1Opinion of the Court
Page, J.:
The action was to recover damages for personal injuries sustained by reason of the falling of a sign maintained by the defendant on the outside of a building on Broadway.
The action was commenced within about three months from the date of the original injury. A condition of nervousness and headache developed by reason of the injuries to the plaintiff’s head which prevented his attending to his business, and as a consequence thereof he was forced into bankruptcy, losing his capital, which amounted to upwards of $35,000, and his earnings in said business, which had been for some years…
2Cases cited1 opinion
- Horowitz v. GoodmanAppellate Division of the Supreme Court of the State of New York · 1906
3Cited by1 opinion
- Fisher v. BullockAppellate Division of the Supreme Court of the State of New York · 1923