Legal Opinion

McCallister v. Kapadia

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

Decided January 27, 1992PublishedCited by 1 opinion

1Opinion of the Court

*803The plaintiffs’ motion to increase the ad damnum clause was supported by proof with respect to the severity of the injuries for which compensation is sought, and the defendant failed to demonstrate that the granting of the motion would cause any substantial prejudice. Under the circumstances of this case, we conclude that the Supreme Court improvidently exercised its discretion in denying the plaintiffs’ motion (see generally, Loomis v Civetta Corinno Constr. Corp., 54 NY2d 18; Messina v Portobello, 112 AD2d 923; Gold v Huntington Town House, 64 AD2d 885; Koupash v Grand Union Co., 34 AD2d…

2Cases cited4 opinions

  1. Loomis v. Civetta Corinno Construction Corp.New York Court of Appeals · 1981
  2. Koupash v. Grand Union Co.Appellate Division of the Supreme Court of the State of New York · 1970
  3. Gold v. Huntington Town HouseAppellate Division of the Supreme Court of the State of New York · 1978
  4. Messina v. PortobelloAppellate Division of the Supreme Court of the State of New York · 1985

3Cited by1 opinion

  1. Saldivar v. I.J. White Corp.Appellate Division of the Supreme Court of the State of New York · 2006

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