Legal Opinion
Powell v. Mulcahy
Appellate Division of the Supreme Court of the State of New York
Decided January 27, 1984Published
1Opinion of the Court
Order unanimously modified, and, as modified, affirmed, with costs to plaintiff, in accordance with the following memorandum: Special Term properly granted plaintiff leave to increase the ad damnum clause in her complaint (see Loomis v Civetta Corinno Constr. Corp., 54 NY2d 18; Kenford Co. v County of Erie, 93 AD2d 998; Stornelli v Aakron Rule Corp., 89 AD2d 1060). The court erred in refusing to allow the plaintiff to amend her verified bill of particulars to allege additional negligence as set forth in article 25-B of the General Business Law (see Miller v Albany Med. Center Hasp., 95 AD2d…
2Cases cited6 opinions
- Loomis v. Civetta Corinno Construction Corp.New York Court of Appeals · 1981
- Miller v. Albany Medical Center HospitalAppellate Division of the Supreme Court of the State of New York · 1983
- Rife v. Union CollegeAppellate Division of the Supreme Court of the State of New York · 1968
- Stornelli v. Aakron Rule Corp.Appellate Division of the Supreme Court of the State of New York · 1982
- Bronson v. Potsdam Urban Renewal AgencyAppellate Division of the Supreme Court of the State of New York · 1980
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