A-1 Check Cashing Service, Inc. v. Goodman
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for breach of contract, fraud, and breach of fiduciary duty, the defendants appeal from a judgment of the Supreme Court, Nassau County (Roncallo, J.), dated August 18, 1987, which was in favor of the plaintiff and against them in principal amount of $39,247.51.
Ordered that the judgment is affirmed, with costs.
The trial court has the power to conform the pleadings to the proof even in the absence of a motion by a party, as long as there is no prejudice to the opposing party (see, Cartwright Van Lines v Barclays Bank, 120 AD2d 478; D’Antoni v Goff, 52 AD2d 973).…
2Cases cited7 opinions
- Brown v. LockwoodAppellate Division of the Supreme Court of the State of New York · 1980
- Sharkey v. Locust Valley Marine, Inc.Appellate Division of the Supreme Court of the State of New York · 1983
- D'Antoni v. GoffAppellate Division of the Supreme Court of the State of New York · 1976
- Weil v. McCloughNew York Court of Appeals · 1983
- Stern v. SternAppellate Division of the Supreme Court of the State of New York · 1985
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Stanley Cohen, Gerald A. Garfinkle, Eastern Artists and Drafting Materials, Inc. v. Elliott Koenig, and Robert KoenigCourt of Appeals for the Second Circuit · 1994
- Micro Signal Research, Inc. v. OtusCourt of Appeals for the First Circuit · 2005
- Rizzo v. KayAppellate Division of the Supreme Court of the State of New York · 2010
- Brook-Hattan Utilities, Inc. v. 893 Construction Corp.Appellate Division of the Supreme Court of the State of New York · 1992
- Allstate Insurance v. JosephAppellate Division of the Supreme Court of the State of New York · 2006
5 more not listed; retrieve them via the Exa API.