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A-1 CHECK CASHING SERV., INC. v. GOODMAN

148 A.D.2d 482 (1989)

A-1 Check Cashing Service, Inc., Respondent, v. Gerald H. Goodman, Individually and Doing Business as Goodman's Express, Appellant

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

March 13, 1989

Ordered that the judgment is affirmed, with costs.

The trial court has the power to conform the pleadings to the proof even in the absence of a motion by a party, as long as there is no prejudice to the opposing party (see, Cartwright Van Lines v Barclays Bank, 120 A.D.2d 478; D'Antoni v Goff, 52 A.D.2d 973). The variance between the pleadings and the proof was not so great...

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