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WOODS v. PISILLO

35 A.D.2d 597 (1970)

Sylvia E. Woods, Respondent, v. Carmine J. Pisillo et al., Appellants, et al., Defendant

Appellate Division of the Supreme Court of the State of New York, Second Department.

July 20, 1970

Judgment reversed insofar as appealed from, on the law and the facts, and, as between plaintiff and appellants, action severed and new trial granted, with costs to abide the event.

We are of the view that it was error to permit plaintiff to amend her pleadings at the close of her proof to set forth a new theory of liability not asserted in the original pleadings. Furthermore, the verdict against appellants on the amended...

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