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Wesley v. Bingel

Appellate Division of the Supreme Court of New York, Fourth Department
Jan 14, 1977
55 A.D.2d 1010 (N.Y. App. Div. 1977)

Opinion

January 14, 1977

Appeal from the Erie Supreme Court.

Present — Moule, J.P., Cardamone, Simons, Dillon and Goldman, JJ.


Order unanimously affirmed, with costs. Memorandum: The nature and extent of plaintiff's injuries as well as the fact that he under-went two operations on his back were fully known by defendants long before plaintiff sought leave to amend his complaint by increasing the ad damnum clause. Under these circumstances and absent prejudice to defendants the grant of such leave was proper. (Barner v Shook, 51 A.D.2d 855.) Although plaintiff did not submit medical affidavits in support of his motion, he did include letters from the attending physicians which fulfilled the same purpose.


Summaries of

Wesley v. Bingel

Appellate Division of the Supreme Court of New York, Fourth Department
Jan 14, 1977
55 A.D.2d 1010 (N.Y. App. Div. 1977)
Case details for

Wesley v. Bingel

Case Details

Full title:KENNETH R. WESLEY, Respondent, v. ROBERT BINGEL, JR., et al., Appellants

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

Date published: Jan 14, 1977

Citations

55 A.D.2d 1010 (N.Y. App. Div. 1977)

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