Sirico v. Long Island Rail Road

Appellate Division of the Supreme Court of New York

Sirico v. Long Island Rail Road

8 A.D.2d 739, 187 N.Y.S.2d 995, 1959 N.Y. App. Div. LEXIS 8547

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

DecidedMay 18, 1959

StatusPublished

This text of 8 A.D.2d 739 (Sirico v. Long Island Rail Road) 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

Sirico v. Long Island Rail Road, 8 A.D.2d 739, 187 N.Y.S.2d 995, 1959 N.Y. App. Div. LEXIS 8547 (N.Y. Ct. App. 1959).

Pincite

Opinion

In a consolidated action to recover damages for wrongful death and conscious pain and suffering and for personal injuries, the appeal is from an order denying appellants’ motion to amend their respective answers to two of the three complaints in the consolidated action. The causes of action arose from an accident which occurred in 1955, and a trial of the issues in 1957 resulted in a mistrial. The motion was denied on the ground that it would be an improvident exercise of discretion to grant the relief sought on the eve of a retrial. The amendments sought to plead that the appellant Anthony Sirico was a fellow servant of the respondent John Sirico and of the intestate. Order affirmed, with separate bills of $10 costs and disbursements. No opinion. Nolan, P. J., Wenzel, Ughetta, H&llinan and Kleinfeld, JJ., concur.

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In a consolidated action to recover damages for wrongful death and conscious pain and suffering and for personal injuries, the appeal is from an order denying appellants’ motion to amend their respective answers to two of the three complaints in the consolidated action. The causes of action arose from an accident which occurred in 1955, and a trial of the issues in 1957 resulted in a mistrial. The motion was denied on the ground that it would be an improvident exercise of discretion to grant the relief sought on the eve of a retrial. The amendments sought to plead that the appellant Anthony Sirico was a fellow servant of the respondent John Sirico and of the intestate. Order affirmed, with separate bills of $10 costs and disbursements. No opinion. Nolan, P. J., Wenzel, Ughetta, H&llinan and Kleinfeld, JJ., concur.

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Bluebook (online)

8 A.D.2d 739, 187 N.Y.S.2d 995, 1959 N.Y. App. Div. LEXIS 8547, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sirico-v-long-island-rail-road-nyappdiv-1959.