From Casetext: Smarter Legal Research

Feiden v. Philip Howard Apartments, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Nov 20, 1978
65 A.D.2d 782 (N.Y. App. Div. 1978)

Opinion

November 20, 1978


In a negligence action to recover damages for personal injuries, etc., defendant appeals from an order of the Supreme Court, Kings County, dated June 27, 1978, which granted plaintiffs' motion for leave to amend the ad damnum clause of the complaint by increasing the demand on the personal injury claim. Order affirmed, with $50 costs and disbursements. Special Term properly exercised its discretion by granting leave to amend the ad damnum clause (see Posselt v Rosa, 60 A.D.2d 854; London v Moore, 32 A.D.2d 543). A doctor's affidavit stated that the last surgery performed on the female plaintiff had been directly related to her injury in the subject accident. Plaintiffs also submitted an affidavit of merits. The history of medical treatment given to the female plaintiff indicates that it was fairly continuous. Furthermore, the delay between the date of the last surgery and the date of the filing of the motion to amend was not excessive. Hopkins, J.P., Rabin, Gulotta and O'Connor, JJ., concur.


Summaries of

Feiden v. Philip Howard Apartments, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Nov 20, 1978
65 A.D.2d 782 (N.Y. App. Div. 1978)
Case details for

Feiden v. Philip Howard Apartments, Inc.

Case Details

Full title:MAE FEIDEN et al., Respondents, v. PHILIP HOWARD APARTMENTS, INC.…

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

Date published: Nov 20, 1978

Citations

65 A.D.2d 782 (N.Y. App. Div. 1978)