Legal Opinion
Wallace v. Pacelli
Appellate Division of the Supreme Court of the State of New York
Decided November 16, 1995PublishedCited by 3 opinions
1Opinion of the Court
—Yesawich Jr., J.
Appeal from an order of the Supreme Court (Lynch, J.), entered October 18, 1994 in Schenectady County, which denied defendants’ motion to amend their answer to add a counterclaim.
Decedent, Jonathan A. Wallace, three years of age, was fatally injured when struck by defendants’ automobile. When the accident occurred the infant was chasing a ball into the cul-de-sac by his home. Plaintiffs, decedent’s parents, who were in the immediate vicinity at the time of the accident, commenced this action for their son’s wrongful death and for the pain and suffering endured by plaintiff…
2Cases cited4 opinions
- Holodook v. SpencerNew York Court of Appeals · 1974
- Barocas v. F.W. Woolworth Co.Appellate Division of the Supreme Court of the State of New York · 1995
- Hlavinka v. Slovak Sky Bungalow ColonyAppellate Division of the Supreme Court of the State of New York · 1994
- Walden v. Rensselaer Polytechnic InstituteAppellate Division of the Supreme Court of the State of New York · 1986
3Cited by3 opinions
- Horan v. BrownAppellate Division of the Supreme Court of the State of New York · 2007
- La Torre v. Genesee Management, Inc.Appellate Division of the Supreme Court of the State of New York · 1996
- Ruffing v. Union Carbide Corp.New York Supreme Court · 2000