Birkholz v. Wilgus

The plaintiffs -seek to remove to this court an action pending in the Nassau County District Court on the ground that the damages sustained are greater than originally *583alleged, and that the District Court is not empowered to award a judgment for such increased amount. The application is made more than three years after the cause of action arose. A supporting medical affidavit states that the applicant, Grace Birkholz, was operated on for advanced glaucoma of the left eye, which was traumatic in origin; and in the opinion of the physician, was the result of the automobile accident of April 9,…