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Reszenski v. Fairfax Arms Corp.

Appellate Division of the Supreme Court of New York, First Department
Jan 27, 1976
51 A.D.2d 528 (N.Y. App. Div. 1976)

Opinion

January 27, 1976


Order, Supreme Court, New York County, entered October 9, 1975, which, inter alia, granted the motion to increase the ad damnum clauses from $750,000 to $2,000,000, unanimously reversed insofar as appealed from, on the law and the facts and in the exercise of discretion, and the ad damnum clauses restored to $750,000, without costs or disbursements. The ad damnum clauses had just been increased on motion of the plaintiff in December, 1974 to $750,000. On February 28, 1975 plaintiff committed suicide. The present application for a further increase to $2,000,000 does not contain the requisite factual showing to warrant an additional drastic increase in damages (Galarza v Alcoa S.S. Co., 34 A.D.2d 907).

Concur — Lupiano, J.P., Birns, Capozzoli, Lane and Nunez, JJ.


Summaries of

Reszenski v. Fairfax Arms Corp.

Appellate Division of the Supreme Court of New York, First Department
Jan 27, 1976
51 A.D.2d 528 (N.Y. App. Div. 1976)
Case details for

Reszenski v. Fairfax Arms Corp.

Case Details

Full title:JEAN A. RESZENSKI, Respondent, v. FAIRFAX ARMS CORPORATION et al.…

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

Date published: Jan 27, 1976

Citations

51 A.D.2d 528 (N.Y. App. Div. 1976)