A. W. Jones Associates v. McMullen

Appellate Division of the Supreme Court of New York

A. W. Jones Associates v. McMullen

49 A.D.2d 720, 374 N.Y.S.2d 298, 1975 N.Y. App. Div. LEXIS 10651

CourtAppellate Division of the Supreme Court of the State of New York

DecidedSeptember 25, 1975

StatusPublished

This text of 49 A.D.2d 720 (A. W. Jones Associates v. McMullen) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

A. W. Jones Associates v. McMullen, 49 A.D.2d 720, 374 N.Y.S.2d 298, 1975 N.Y. App. Div. LEXIS 10651 (N.Y. Ct. App. 1975).

Pincite

Opinion

[721]*721Judgment, Supreme Court, New York County, entered June 21, 1974, in favor of the plaintiff after a jury trial, unanimously affirmed. Respondent shall recover of appellant $60 costs and disbursements of this appeal. The evidence adduced at trial was sufficient to show that the 2% charge upon funds withdrawn from the partnership in excess of the annual allowance was approved by the general partners. Furthermore, the amendment to the pleadings allowed by the Trial Justice did not change the theory of recovery or the amount of the ad damnum. It amounted to no more than correction of a scrivener’s error in the drafting of the complaint and cannot be deemed prejudicial or misleading to the defendant. Concur—Stevens, P. J., Markewich, Capozzoli and Lane, JJ.

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[721]*721Judgment, Supreme Court, New York County, entered June 21, 1974, in favor of the plaintiff after a jury trial, unanimously affirmed. Respondent shall recover of appellant $60 costs and disbursements of this appeal. The evidence adduced at trial was sufficient to show that the 2% charge upon funds withdrawn from the partnership in excess of the annual allowance was approved by the general partners. Furthermore, the amendment to the pleadings allowed by the Trial Justice did not change the theory of recovery or the amount of the ad damnum. It amounted to no more than correction of a scrivener’s error in the drafting of the complaint and cannot be deemed prejudicial or misleading to the defendant. Concur—Stevens, P. J., Markewich, Capozzoli and Lane, JJ.

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Bluebook (online)

49 A.D.2d 720, 374 N.Y.S.2d 298, 1975 N.Y. App. Div. LEXIS 10651, Counsel Stack Legal Research, https://law.counselstack.com/opinion/a-w-jones-associates-v-mcmullen-nyappdiv-1975.