Newman v. Bradley Contracting Co.
Appellate Terms of the Supreme Court of New York
Appeal by defendant from a judgment rendered in the Municipal Court of the city of New York, borough of Manhattan, ninth district, in favor of the plaintiffs for the sum of $504.85, in a trial before the court without a jury, and from an order permitting the plaintiffs to serve a substituted amended complaint.
1Opinion of the CourtCohalan, J.
Plaintiffs have recovered a judgment awarding them damages in the sum of $468.85, against the defendant by reason of purely consequential damages suffered to their property, No. 802 Lexington avenue, by reason of the construction by the defendant of the Lexington avenue subway. The complaint is drawn upon the theory of negligence,, and the trial proceeded upon that theory. After the trial was com*3pleted and while the matter was sub judice, and before judgment, the plaintiffs moved to substitute and amend the complaint without prejudice to the proceedings had, and to conform the pleading to the…
2Cases cited15 opinions
- Lawrence v. . FoxNew York Court of Appeals · 1859
- Hay v. . the Cohoes CompanyNew York Court of Appeals · 1849
- In Re the Probate of the Will of RobinsonNew York Court of Appeals · 1911
- Mullins v. . Siegel-Cooper Co.New York Court of Appeals · 1905
- Smyth v. . City of New YorkNew York Court of Appeals · 1911
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3Cited by1 opinion
- Schnaier v. Bradley Contracting Co.Appellate Division of the Supreme Court of the State of New York · 1918