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Chimento v. DeMatteis Organization, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Jan 16, 1990
157 A.D.2d 702 (N.Y. App. Div. 1990)

Opinion

January 16, 1990

Appeal from the Supreme Court, Nassau County (Di Noto, J.).


Ordered that the order is reversed, on the law and in the exercise of discretion, with costs, and the motion is denied.

A motion for leave to increase the amount demanded in an ad damnum clause based upon a claim of increased injuries must be accompanied by a doctor's affidavit or affirmation showing a causal connection between the injury and a consistent course of treatment for the accident-caused injuries (Dolan v Garden City Union Free School Dist., 113 A.D.2d 781, 785). The plaintiff failed to satisfy that requirement, as he submitted a doctor's report, rather than a doctor's affidavit or affirmation in support of his motion. In any event, the doctor's report failed to sufficiently show a causal connection between the plaintiff's "new injuries," which include substance abuse, and the accident or treatment for the accident-caused injuries. Brown, J.P., Eiber, Balletta and Rosenblatt, JJ., concur.


Summaries of

Chimento v. DeMatteis Organization, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Jan 16, 1990
157 A.D.2d 702 (N.Y. App. Div. 1990)
Case details for

Chimento v. DeMatteis Organization, Inc.

Case Details

Full title:FRANK CHIMENTO, JR., Respondent, v. DeMATTEIS ORGANIZATION, INC., et al.…

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

Date published: Jan 16, 1990

Citations

157 A.D.2d 702 (N.Y. App. Div. 1990)

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