Kathleen Murray, as Administratrix of the Estate of James F. Murray v. City of New York

Summary

The Court of Appeals reversed the Appellate Division, reinstating the trial court's order allowing amendment of the pleadings to conform to the proof and refusing to dismiss the wrongful‑death action against the City of New York. It held that the appellate court abused its discretion because no prejudice was shown and the workmen’s‑compensation defense was not waived.