ODELL v. DALRYMPLE


156 A.D.2d 967 (1989)

Michael A. Odell, Respondent, v. Charles Dalrymple, Individually and as Superintendent of Highways of Town of Eden, et al., Appellants

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

December 20, 1989


Order unanimously reversed on the law without costs and plaintiff's motion denied.

Memorandum:

The court erred in granting plaintiff's motion to amend his complaint to add a derivative claim on behalf of his wife. The tort claims are time barred because plaintiff's wife was not a party to the action as commenced and the pleadings failed to give defendants notice that she would be asserting a claim (CPLR 203 [e]; see, Kettle v Sweet Home Cent. School...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases