Legal Question in Business Law in New York
Breach of Contract - different breach than in Complaint
I am being sued for breach of a contract. The plaintiff argued in his complaint that I was in breach of one particular clause of the contract; however now that discovery is underway he is arguing that I have breached additional clauses.
My question: can he just arbitrarily add these other alleged breaches to this case, or must he file a NEW complaint and enter a new case?
Asked on 2/01/06, 5:23 pm
1 Answer from Attorneys
John Friedman
Law Office of John K. Friedman
Re: Breach of Contract - different breach than in Complaint
Assuming this case is brought in NYS court, the answer is "yes," plaintiff can plead generally and then more specifically as discovery leads to new allegations; typically the complaint is amended but it can be done as late as after the jury verdict.
Answered on 2/01/06, 5:48 pm
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