Legal Opinion

Poitevien v. Montefusco

Appellate Division of the Supreme Court of the State of New York

Decided November 13, 1984Published

1Opinion of the Court

In a negligence action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Rader, J.), dated September 2, 1983, which denied his motion to remove this action back to the Supreme Court from the Civil Court and increase the ad damnum clause.

Order modified by deleting the provision thereof which denied that branch of the plaintiff’s motion seeking an increase in the ad damnum clause to $1,000,000 and substituting therefor a provision granting that branch of the motion. As so modified, order affirmed, without costs or disbursements.

Unde…

2Cases cited3 opinions

  1. Loomis v. Civetta Corinno Construction Corp.New York Court of Appeals · 1981
  2. Fahy v. Hertz Corp.Appellate Division of the Supreme Court of the State of New York · 1983
  3. Rutkowski v. GeistAppellate Division of the Supreme Court of the State of New York · 1983

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