Legal Opinion
Johnson v. Munn
Appellate Division of the Supreme Court of the State of New York
Decided April 21, 1977Published
1Opinion of the CourtMahoney, J.
The plaintiff served an amended complaint (CPLR 3025, subd [a]) and the defendant responded by service of an answer (CPLR 3025, subd [d]) wherein he failed to deny the allegation of the amended complaint that he was the operator of an automobile involved in a one-car accident wherein plaintiff was allegedly injured. At trial defendant, over plaintiff’s objections, was permitted to introduce evidence contradictory to the admission posited by the pleadings. The Trial Judge, after denying defendant’s motion to conform the pleadings to the evidence (CPLR 3025, subd [c]) submitted the question of…
2Cases cited5 opinions
- Diemer v. DiemerNew York Court of Appeals · 1960
- Thorne Neale & Co. v. New York Southern Coal Terminal Corp.Appellate Division of the Supreme Court of the State of New York · 1946
- Thorne Neale & Co. v. New York Southern Coal Terminal Corp.New York Court of Appeals · 1946
- Tinkess v. BurnsAppellate Division of the Supreme Court of the State of New York · 1965
- Wilco Construction Corp. v. PrywesAppellate Division of the Supreme Court of the State of New York · 1961