Legal Opinion
Foley v. State
New York Court of Claims
Decided November 10, 1941No. Claim No. 25961; Claim No. 25963PublishedCited by 2 opinions
1Opinion of the CourtRyan, J.
Upon the trial claimants’ counsel moved to amend the claim of Agnes Foley by increasing the amount demanded as damages from $15,000 to $35,000. He also moved to amend the claim of Eugene F. Foley by increasing the amount demanded from $5,000 to $10,000. The Attorney-General objected and decision was reserved.
We discuss the motions because they are unusual in the practice in this court in claims based on negligence resulting in personal injuries,* although in suits alleging breach of contract we have frequently granted amendments to conform to the proof, thereby increasing the amount asked for…
2Cases cited11 opinions
- Zimmer v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1899
- Dakin v. . Liverpool, London and Globe Insurance CompanyNew York Court of Appeals · 1879
- Dunham v. Hastings Pavement Co.Appellate Division of the Supreme Court of the State of New York · 1904
- Knapp v. . RocheNew York Court of Appeals · 1875
- Burrows Paper Co. v. StateNew York Court of Claims · 1940
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3Cited by2 opinions
- Rusciano & Son Corp. v. StateNew York Court of Claims · 1952
- Stevens v. StateNew York Court of Claims · 1949