Cardin v. Halpern

Appellate Division of the Supreme Court of New York

Cardin v. Halpern

247 A.D. 791

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

DecidedMarch 15, 1936

StatusPublished

Cited by1 cases

This text of 247 A.D. 791 (Cardin v. Halpern) 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

Cardin v. Halpern, 247 A.D. 791 (N.Y. Ct. App. 1936).

Pincite

Opinion

On argument, judgment dismissing complaint at the close of plaintiffs’ ease reversed on the law and a new trial granted, with costs to abide the event. Under the circumstances shown, the plaintiffs were entitled to amend their complaint; as a matter of reasonable discretion. The nature of the action was not materially changed, but another element of negligence was added. It was error to dismiss the complaint on the grounds stated in the motion made at the close of plaintiffs’ case. Present — Lazansky, P. J., Young, Davis, Johnston and Adel, JJ.

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On argument, judgment dismissing complaint at the close of plaintiffs’ ease reversed on the law and a new trial granted, with costs to abide the event. Under the circumstances shown, the plaintiffs were entitled to amend their complaint; as a matter of reasonable discretion. The nature of the action was not materially changed, but another element of negligence was added. It was error to dismiss the complaint on the grounds stated in the motion made at the close of plaintiffs’ case. Present — Lazansky, P. J., Young, Davis, Johnston and Adel, JJ.

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Bluebook (online)

247 A.D. 791, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cardin-v-halpern-nyappdiv-1936.

Opinion

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