Legal Opinion

Morgan v. Manhattan & Bronx Surface Transit Operating Authority

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

Decided April 29, 1997PublishedCited by 1 opinion

1Opinion of the Court

—Order, Supreme Court, New York County (Walter Tolub, J.), entered May 6, 1994, which denied plaintiffs motion to transfer this action from Civil Court to Supreme Court, and to amend her complaint to increase the ad damnum clause from $10,000 to $1,000,000, unanimously affirmed, without costs.

The motion was properly denied in view of the 13-year age of the case when the motion was made; plaintiffs medical proof which shows that the severity of her injuries were known soon after commencement of the action, and contains no persuasive evidentiary support for her claim of continuing treatment…

2Cases cited2 opinions

  1. Marzan v. Park Avenue Enclosed Market Merchants Ass'nAppellate Division of the Supreme Court of the State of New York · 1979
  2. Marzan v. Park Avenue Enclosed Market Merchants Ass'nNew York Court of Appeals · 1980

3Cited by1 opinion

  1. Spence v. Bear Stearns & Co.Appellate Division of the Supreme Court of the State of New York · 1999

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