Appellate Division of the Supreme Court of New York, 1929

Belknap v. City of Yonkers

Belknap v. City of Yonkers
Appellate Division of the Supreme Court of New York · Decided December 15, 1929
228 A.D. 655
Belknap v. City of Yonkers

Opinion of the Court

— Judgment and order reversed upon the law and new trial granted, costs to abide the event. Under the circumstances disclosed by the record, we are of opinion that the court erred in permitting an amendment to the complaint to include alleged injuries not stated in plaintiff’s notice of claim or in her complaint, which injuries were net connected in any way with those originally stated. Lazansky, P. J., Young, Kapper, Hagarty and Carswell, JJ., concur.

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