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MORGAN v. GOOD HUMOR CORP.

54 A.D.2d 560 (1976)

Joseph Morgan, Respondent, v. Good Humor Corp. et al., Appellants

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

September 20, 1976

Interlocutory judgment affirmed, with one bill of costs against appellants jointly.

In our opinion, the trial court did not err in granting plaintiff's motion to conform the pleadings to the proof and in charging the doctrine of res ipsa loquitur to the jury (see Abbott v Page Airways, 23 N.Y.2d 502, 512-513). Defendants had notice from the pleadings that plaintiff claimed that they both controlled the instrumentality...

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