From Casetext: Smarter Legal Research

Toolis v. Naotasi

Appellate Division of the Supreme Court of New York, Second Department
Oct 1, 1933
240 App. Div. 849 (N.Y. App. Div. 1933)

Opinion

October, 1933.


Order removing action from Municipal Court to the Supreme Court affirmed, with ten dollars costs and disbursements. The plaintiff made the motion for removal seasonably when it appeared that she had suffered damages in excess of the jurisdiction of the Municipal Court. She must now amend her pleading in respect to damages. There is no new cause of action. She is now attempting to enforce the same claim because of specified conduct, and will be permitted to amend to increase the amount of damages claimed even though more than three years have elapsed since the cause of action arose. ( Foster v. Central Nat. Bank, 183 N.Y. 379, 385; N.Y. Cent. R.R. Co. v. Kinney, 260 U.S. 340, 346; Friederichsen v. Renard, 247 id. 207.) Section 110-a of the Civil Practice Act affects procedure only and creates no new right of action. ( Laird v. Carton, 196 N.Y. 169; Lazarus v. M.E.R. Co., 145 id. 581.) Lazansky, P.J., Young, Scudder, Tompkins and Davis, JJ., concur.


Summaries of

Toolis v. Naotasi

Appellate Division of the Supreme Court of New York, Second Department
Oct 1, 1933
240 App. Div. 849 (N.Y. App. Div. 1933)
Case details for

Toolis v. Naotasi

Case Details

Full title:MARY TOOLIS, Respondent, v. ROSARIO R. NAOTASI, Defendant, and YELLOW TAXI…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 1, 1933

Citations

240 App. Div. 849 (N.Y. App. Div. 1933)

Citing Cases

Matter of Davis

In our opinion, appellants' motion was properly denied. The letter of February 11, 1965 was not the assertion…

Matter of Birkholz v. Wilgus

On May 21, 1958, Mrs. Birkholz was re-examined by the same physician, and again there was no complaint of…