TaiLexi AI U.S. Case Law

Herte v. Breen

Eileen A. Herte v. William Breen, (And Other Actions.)

Herte v. Breen, 115 A.D.2d 590 (1985)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Appellate Division of the Supreme Court of the State of New York · State Appellate Courts
Decided
December 16, 1985
Citations
115 A.D.2d 590496 N.Y.S.2d 9601985 N.Y. App. Div. LEXIS 55012

Opinion of the Court

Text extracted by OCR from a scanned original; check the original for exact wording.

In an action to recover damages for personal injuries, etc., defendant appeals from an order of the Supreme Court, Suffolk County (Lama, J.), dated February 1, 1985, which granted plaintiffs’ motion for summary judgment on the issue of liability and for amendment of the complaint so as to increase the ad damnum clause.

Order affirmed, with costs.

On this record, Special Term properly granted summary judgment on the issue of liability against the defendant driver, who had admittedly fallen asleep at the wheel and struck plaintiffs’ vehicle in the rear (Baly v Chrysler Credit Corp., 94 AD2d 781 ; Behar v Ordover, 92 AD2d 557 ). The record further justifies the granting of the amendment of the complaint so as to increase the ad damnum clause. Mollen, P. J., Gibbons, Brown, Niehoff and Fiber, JJ., concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1998: 119982026peak 1998 · 1

Relies on it most ⓘ

  1. Spivak v. Heyward248 A.D.2d 58 (1998)

Most recent

  1. Spivak v. Heyward248 A.D.2d 58 (1998)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Behar v. Ordover, 92 A.D.2d 557 (1983) 17
Baly v. Chrysler Credit Corp., 94 A.D.2d 781 (1983) 11

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list