Legal Opinion

Decalo v. Wearing Apparel Trucking Co. Inc.

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

Decided June 27, 1977PublishedCited by 1 opinion

1Opinion of the Court

— In a negligence action to recover damages for personal injuries, plaintiff appeals from an order of the Supreme Court, Queens County, entered June 16, 1976, which denied her motion: (1) to remove the action to that court from the Civil Court of the City of New York; (2) to increase the ad damnum clause of the complaint; and (3) for leave to serve a supplemental complaint nunc pro tunc. Order reversed, without costs or disbursements, and motion granted. Plaintiff’s papers show that she may have a meritorious cause of action and that the delay did not prejudice the defendant (cf. Darrow v…

2Cases cited1 opinion

  1. Darrow v. CrescenzoAppellate Division of the Supreme Court of the State of New York · 1976

3Cited by1 opinion

  1. Poole v. Hertz Corp.Appellate Division of the Supreme Court of the State of New York · 1978

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