Ayad v. American Foreign Steamship Corp.

Appellate Terms of the Supreme Court of New York

Ayad v. American Foreign Steamship Corp.

9 Misc. 2d 343, 172 N.Y.S.2d 859, 1957 N.Y. Misc. LEXIS 2971

CourtAppellate Terms of the Supreme Court of New York

DecidedMay 23, 1957

StatusPublished

This text of 9 Misc. 2d 343 (Ayad v. American Foreign Steamship Corp.) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ayad v. American Foreign Steamship Corp., 9 Misc. 2d 343, 172 N.Y.S.2d 859, 1957 N.Y. Misc. LEXIS 2971 (N.Y. Ct. App. 1957).

Pincite

Opinion

Per Curiam.

At the opening of the trial the court was apprised of the plaintiff’s intention to amend his complaint so .as to include an additional cause of action in negligence. The denial of defendant’s motion for an adjournment, made before .any testimony was taken, and the granting of plaintiff’s motion to amend the complaint at the close of his case over the objection of the defendant was an improper exercise of discretion. The defendant was entitled to a reasonable opportunity to ¡prepare its defense with respect to the new cause of action.

The judgment should be unanimously reversed upon the law .and new trial granted, with costs to the defendant to abide the .event.

Pette, Hart and Brown, JJ., concur.

Judgment reversed, etc.

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Per Curiam.

At the opening of the trial the court was apprised of the plaintiff’s intention to amend his complaint so .as to include an additional cause of action in negligence. The denial of defendant’s motion for an adjournment, made before .any testimony was taken, and the granting of plaintiff’s motion to amend the complaint at the close of his case over the objection of the defendant was an improper exercise of discretion. The defendant was entitled to a reasonable opportunity to ¡prepare its defense with respect to the new cause of action.

The judgment should be unanimously reversed upon the law .and new trial granted, with costs to the defendant to abide the .event.

Pette, Hart and Brown, JJ., concur.

Judgment reversed, etc.

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Bluebook (online)

9 Misc. 2d 343, 172 N.Y.S.2d 859, 1957 N.Y. Misc. LEXIS 2971, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ayad-v-american-foreign-steamship-corp-nyappterm-1957.