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BREITMAN v. GEN. MOTORS CORP.

65 Misc.2d 689 (1971)

Eve Breitman, Respondent, v. General Motors Corporation et al., Appellants.

Supreme Court, Appellate Term, First Department.

January 6, 1971

Attorney(s) appearing for the Case

I. Louis Winokur and Michael S. Winokur for Golf Oldsmobile, Inc., appellant. Williamson & Williamson (Kenneth Williamson, Philip H. Omsberg and Jules Goldstein of counsel), for General Motors Corporation, appellant.

Concur — MARKOWITZ, LUPIANO and GOLD, JJ.

Per Curiam.

The court erred in granting its own motion, after submission of the case, conforming the pleading to the proof, amending plaintiff's cause of action from breach of warranty to negligence. Such amendment prejudiced the defendants in that they were prevented from meeting the new issues subsequently raised by the amendment (Berkenstat v. Oliver, 275 App. Div. 679; Schneiderman v. Mother's Friend's Wet Wash Laundry, 230 App. Div. 197;...

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