Gerstein v. Fisher
The Superior Court of the City of New York and Buffalo
Action by Israel Gerstein against Robert W. Fisher to recover damages for the loss of the services of plaintiff’s son. Defendant moves for leave to serve a supplemental answer.
1Opinion of the CourtGildersleeve, J.
This is a motion for leave to serve a supplemental answer. The plaintiff herein sues for damages for loss of services of his son, who has been injured through the alleged *1121negligence of defendant. Subsequently to the joining of issue herein, another action, in which plaintiff sues as guardian ad litem of his said son for damages arising from the same cause of action, has been brought to trial, and judgment rendered for defendant. This judgment the defendant desires to set up in his supplemental answer. While it is true that in general the proposed supplemental pleading is not passed upon on a…
2Cases cited3 opinions
- Collins v. . HydornNew York Court of Appeals · 1892
- Furlong v. BantaNew York Supreme Court · 1894
- Williams v. HaysNew York Supreme Court · 1889
3Cited by4 opinions
- Harris v. PearsallNew York Supreme Court · 1921
- Marcomo Stevedoring Corp. v. NathansonNew York Supreme Court · 1951
- Gerstein v. FisherThe Superior Court of the City of New York and Buffalo · 1895
- Hatfield v. McGinnissAppellate Terms of the Supreme Court of New York · 1903