Signore v. Signore

Appellate Division of the Supreme Court of New York

Signore v. Signore

281 A.D. 978, 120 N.Y.S.2d 293, 1953 N.Y. App. Div. LEXIS 3985

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

DecidedApril 7, 1953

StatusPublished

This text of 281 A.D. 978 (Signore v. Signore) 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

Signore v. Signore, 281 A.D. 978, 120 N.Y.S.2d 293, 1953 N.Y. App. Div. LEXIS 3985 (N.Y. Ct. App. 1953).

Pincite

Opinion

In an action on an account stated, defendant appeals from an order granting plaintiff’s motion to amend the complaint, so as to increase the recovery sought based upon additional claims. Defendant asserts on this appeal that the order should be reversed on the ground, among others, that the amendment deprives him of the right to a jury trial on causes of action not within his contemplation when the action was originally noticed for trial. On this appeal plaintiff states that he has no objection to a trial by jury. Order affirmed, with $10 costs and disbursements. Plaintiff having stated that he had no objection, the defendant may elect to have a trial by jury. Carswell, Acting P. J., Wenzel, MacCrate, Schmidt and Beldock, JJ., concur.

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In an action on an account stated, defendant appeals from an order granting plaintiff’s motion to amend the complaint, so as to increase the recovery sought based upon additional claims. Defendant asserts on this appeal that the order should be reversed on the ground, among others, that the amendment deprives him of the right to a jury trial on causes of action not within his contemplation when the action was originally noticed for trial. On this appeal plaintiff states that he has no objection to a trial by jury. Order affirmed, with $10 costs and disbursements. Plaintiff having stated that he had no objection, the defendant may elect to have a trial by jury. Carswell, Acting P. J., Wenzel, MacCrate, Schmidt and Beldock, JJ., concur.

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Bluebook (online)

281 A.D. 978, 120 N.Y.S.2d 293, 1953 N.Y. App. Div. LEXIS 3985, Counsel Stack Legal Research, https://law.counselstack.com/opinion/signore-v-signore-nyappdiv-1953.