Stevens v. Brown
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Judgment unanimously affirmed with costs. Memorandum: We reject defendant’s contention that Supreme Court erred in permitting plaintiff to amend the ad damnum clause after the insurer advised plaintiff that the amount of defendant’s insurance coverage was $1,000,000 more than the figure it had originally given. The court properly exercised its discretion in allowing the amendment given the earlier unexplained failure of the insurer to disclose the correct extent of defendant’s coverage and the absence of prejudice to defendant (see, Loomis v Civetta Corinno Constr. Corp., 54 NY2d 18, 23,…
2Cases cited6 opinions
- Loomis v. Civetta Corinno Construction Corp.New York Court of Appeals · 1981
- Pellescki v. City of RochesterAppellate Division of the Supreme Court of the State of New York · 1993
- Peck v. Tired Iron Transport, Inc.Appellate Division of the Supreme Court of the State of New York · 1994
- Putchlawski v. DiazAppellate Division of the Supreme Court of the State of New York · 1993
- Austin v. KnowltonAppellate Division of the Supreme Court of the State of New York · 1996
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Schmidt v. Buffalo General HospitalAppellate Division of the Supreme Court of the State of New York · 2000
- People v. CorderoAppellate Division of the Supreme Court of the State of New York · 2013
- LaForte v. TiedemannAppellate Division of the Supreme Court of the State of New York · 2007
- Hageman v. SantasieroAppellate Division of the Supreme Court of the State of New York · 2000
- Nelson v. TaylorCourt of Appeals of South Carolina · 2001
5 more not listed; retrieve them via the Exa API.