Pearson v. Inc. Village of Hempstead

Appellate Division of the Supreme Court of New York

Pearson v. Inc. Village of Hempstead

31 A.D.2d 656, 297 N.Y.S.2d 509, 1968 N.Y. App. Div. LEXIS 2597

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

DecidedDecember 23, 1968

StatusPublished

This text of 31 A.D.2d 656 (Pearson v. Inc. Village of Hempstead) 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

Pearson v. Inc. Village of Hempstead, 31 A.D.2d 656, 297 N.Y.S.2d 509, 1968 N.Y. App. Div. LEXIS 2597 (N.Y. Ct. App. 1968).

Pincite

Opinion

Order of the Supreme Court, Nassau County, dated June 18, 1968, affirmed, with $10 costs and disbursements to plaintiff-respondent. In our opinion, in view of the fact that there is only one Albemarle Street or Avenue and it is in the Incorporated Village of Hemp-stead, it was not an abuse of discretion for Special Term to grant plaintiff’s motion to amend his notice of claim so as to specify the location of the accident as 48 Albemarle Avenue, Village of Hempstead, rather than 48 Albemarle Street, West Hempstead. Motion by respondent Town of Hempstead to dismiss appeal as to it. Motion dismissed as academic, in view of our determination on the appeal (decided herewith). Christ, ActingP. J., Brennan, Benjamin, Munder and Martuscello, JJ., concur.

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Order of the Supreme Court, Nassau County, dated June 18, 1968, affirmed, with $10 costs and disbursements to plaintiff-respondent. In our opinion, in view of the fact that there is only one Albemarle Street or Avenue and it is in the Incorporated Village of Hemp-stead, it was not an abuse of discretion for Special Term to grant plaintiff’s motion to amend his notice of claim so as to specify the location of the accident as 48 Albemarle Avenue, Village of Hempstead, rather than 48 Albemarle Street, West Hempstead. Motion by respondent Town of Hempstead to dismiss appeal as to it. Motion dismissed as academic, in view of our determination on the appeal (decided herewith). Christ, ActingP. J., Brennan, Benjamin, Munder and Martuscello, JJ., concur.

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Bluebook (online)

31 A.D.2d 656, 297 N.Y.S.2d 509, 1968 N.Y. App. Div. LEXIS 2597, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pearson-v-inc-village-of-hempstead-nyappdiv-1968.