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Doyle v. Killeen

Appellate Division of the Supreme Court of New York, Fourth Department
Sep 21, 1967
28 A.D.2d 969 (N.Y. App. Div. 1967)

Opinion

September 21, 1967

Appeal from the Erie Special Term.

Present — Bastow, J.P., Henry, Del Vecchio and Marsh, JJ.


Order unanimously reversed, with costs, and motion denied. Memorandum: This action was commenced in April, 1964. After having been removed from the Trial Calendar of Erie County Supreme Court it was restored thereto in February, 1966 upon the filing by plaintiff's attorney of a new note of issue and statement certifying the case ready for trial. It reached the Day Calendar in February, 1967 and in the course of a pretrial conference plaintiff's counsel for the first time announced that he intended to seek an order (1) increasing the ad damnum clause in the complaint from $50,000 to $200,000 and (2) permitting the service of a supplemental bill of particulars. The subsequent grant of such relief by Special Term was an improvident exercise of discretion. The vast majority of the increased monetary damage claimed to have been sustained by plaintiff accumulated many months before relief was sought. We find here no "extraordinary and special circumstances" (cf. Hernandez v. Ezrow, 24 A.D.2d 730; Miller v. Davis, 24 A.D.2d 730) that justify the delay of plaintiff until the eve of trial.


Summaries of

Doyle v. Killeen

Appellate Division of the Supreme Court of New York, Fourth Department
Sep 21, 1967
28 A.D.2d 969 (N.Y. App. Div. 1967)
Case details for

Doyle v. Killeen

Case Details

Full title:CAROLE A. DOYLE, Respondent, v. HENRY W. KILLEEN et al., Appellants

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

Date published: Sep 21, 1967

Citations

28 A.D.2d 969 (N.Y. App. Div. 1967)

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