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D'Andressi v. Carolson Realty Corp.

Appellate Division of the Supreme Court of New York, Second Department
Dec 6, 1965
24 A.D.2d 983 (N.Y. App. Div. 1965)

Opinion

December 6, 1965


In an action to recover damages for personal injuries, medical expenses and loss of services, plaintiffs appeal from so much of an order of the Supreme Court, Queens County, entered April 12, 1965 upon reconsideration of an earlier motion by plaintiffs to increase the ad damnum clause of the complaint from $60,000 to $265,000, as adhered to the court's original determination denying the said motion. Order, insofar as appealed from, reversed, without costs, and motion granted. Defendant shall have the right, upon proper application, to conduct further physical examination of the injured plaintiff and further examinations before trial as to plaintiffs' injuries and damages. It was an improvident exercise of discretion to deny leave to amend the ad damnum clause. ( Rose v. Walter Co., 42 Misc.2d 378 and cases cited.) Ughetta, Acting P.J., Christ, Brennan, Hill and Hopkins, JJ., concur.


Summaries of

D'Andressi v. Carolson Realty Corp.

Appellate Division of the Supreme Court of New York, Second Department
Dec 6, 1965
24 A.D.2d 983 (N.Y. App. Div. 1965)
Case details for

D'Andressi v. Carolson Realty Corp.

Case Details

Full title:PAULINE D'ANDRESSI et al., Appellants, v. CAROLSON REALTY CORP., Respondent

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 6, 1965

Citations

24 A.D.2d 983 (N.Y. App. Div. 1965)