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Bell v. Margolis

Appellate Division of the Supreme Court of New York, Second Department
Jun 8, 1981
82 A.D.2d 817 (N.Y. App. Div. 1981)

Opinion

June 8, 1981


In a negligence action to recover damages for personal injuries, etc., defendants Margolis and Schumer and the third-party defendants appeal from so much of an order of the Supreme Court, Queens County (Buschmann, J.), dated January 22, 1980, as granted plaintiffs' motion for reargument of their motion for leave to (1) amend their complaint by increasing the ad damnum clause as to the first cause of action and (2) serve a supplemental bill of particulars, and, upon reargument, granted said motion. Order modified, by deleting the second and fourth decretal paragraphs and substituting a provision adhering to the original determination. As so modified, order affirmed insofar as appealed from, without costs or disbursements, and without prejudice to renewal upon a proper showing of a causal connection between the allegedly increased injuries and the accident sued upon. (See London v Moore, 32 A.D.2d 543; Northern Ins. Co. of N Y v Kregsman, 26 A.D.2d 648.) Damiani, J.P., Lazer, Mangano and Gibbons, JJ., concur.


Summaries of

Bell v. Margolis

Appellate Division of the Supreme Court of New York, Second Department
Jun 8, 1981
82 A.D.2d 817 (N.Y. App. Div. 1981)
Case details for

Bell v. Margolis

Case Details

Full title:ROYCE BELL et al., Respondents, v. HOWARD D. MARGOLIS et al., Appellants…

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

Date published: Jun 8, 1981

Citations

82 A.D.2d 817 (N.Y. App. Div. 1981)

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