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Gambino v. Swan

Appellate Division of the Supreme Court of New York, Second Department
Jul 10, 1989
152 A.D.2d 620 (N.Y. App. Div. 1989)

Opinion

July 10, 1989

Appeal from the Supreme Court, Kings County (Lodato, J.).


Ordered that the order is affirmed, with costs.

In order to establish his entitlement to the relief sought, the plaintiff was required to show the merits of the case, the reasons for the delay, and further, that the increase in damages is warranted by reasons of facts which only recently came to the plaintiff's attention (see, Dolan v Garden City Union Free School Dist., 113 A.D.2d 781; Martin v Maimonides Med. Center, 125 A.D.2d 455). We agree with the Supreme Court that the plaintiff did not sufficiently make such a showing.

We have reviewed the plaintiff's remaining contentions and find them to be without merit (see, Coerbell v City of New York, 132 A.D.2d 514). Bracken, J.P., Rubin, Spatt and Sullivan, JJ., concur.


Summaries of

Gambino v. Swan

Appellate Division of the Supreme Court of New York, Second Department
Jul 10, 1989
152 A.D.2d 620 (N.Y. App. Div. 1989)
Case details for

Gambino v. Swan

Case Details

Full title:THOMAS GAMBINO, Appellant, v. GEORGE SWAN et al., Respondents

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

Date published: Jul 10, 1989

Citations

152 A.D.2d 620 (N.Y. App. Div. 1989)

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