Hancock v. 330 Hull Realty Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
The trial court did not abuse its discretion in allowing plaintiff to call an additional medical witness on rebuttal after the defense had rested, in lieu of precluding the testimony of defendant’s expert as sought by plaintiffs (see, Feldsberg v Nitschke, 49 NY2d 636, 643).
Plaintiffs were also properly permitted to amend their complaint to conform the pleadings to the proof and to increase the ad damnum from $1 million to the amount of the verdict, as reduced, based upon the medical and expert testimony adduced at trial, since, the court, in the absence of prejudice, may, pursuant to CPLR…
2Cases cited6 opinions
- Loomis v. Civetta Corinno Construction Corp.New York Court of Appeals · 1981
- Feldsberg v. NitschkeNew York Court of Appeals · 1980
- Bichler v. Eli Lilly & Co.New York Court of Appeals · 1982
- Torrado v. Lutheran Medical CenterAppellate Division of the Supreme Court of the State of New York · 1993
- Behan v. Data Probe International, Inc.Appellate Division of the Supreme Court of the State of New York · 1995
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- La Fountaine v. FranzeseAppellate Division of the Supreme Court of the State of New York · 2001
- Henderson v. United Parcel Service, Inc.Appellate Division of the Supreme Court of the State of New York · 1997
- Sampson v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1998
- Frankel v. Vernon & Ginsburg, LLPAppellate Division of the Supreme Court of the State of New York · 2018
- Gartech Electrical Contracting Corp. v. Coastal Electric Construction Corp.Appellate Division of the Supreme Court of the State of New York · 2009
2 more not listed; retrieve them via the Exa API.