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Tomich v. Cohen

Appellate Division of the Supreme Court of New York, First Department
Dec 2, 1969
33 A.D.2d 736 (N.Y. App. Div. 1969)

Opinion

December 2, 1969


Order entered April 3, 1968, unanimously modified on the law and the facts, so as to strike the last decretal paragraph and otherwise affirmed, without costs or disbursements. This belated attempt, now eight years after the accident, to serve an amended complaint containing a radically new cause of action, cannot be accepted. Laches and prejudice have long since set in. In effect, this court has already said as much. See Salama v. Cohen ( 28 A.D.2d 650) wherein we affirmed a previous rejection by a prior Special Term of plaintiff's effort to serve a supplemental bill of particulars embodying the alleged fact of "driver negligence." In view of the foregoing, order appeal from, entered May 23, 1968, is now academic and of no force.

Concur — Capozzoli, J.P., Tilzer, McGivern, Nunez and Steuer, JJ.


Summaries of

Tomich v. Cohen

Appellate Division of the Supreme Court of New York, First Department
Dec 2, 1969
33 A.D.2d 736 (N.Y. App. Div. 1969)
Case details for

Tomich v. Cohen

Case Details

Full title:ANGELIA TOMICH et al., Respondents, v. VICTOR COHEN, Appellant. (Action…

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

Date published: Dec 2, 1969

Citations

33 A.D.2d 736 (N.Y. App. Div. 1969)

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