Legal Opinion
Barker v. Goode
Appellate Division of the Supreme Court of the State of New York
Decided December 23, 1981PublishedCited by 4 opinions
1Opinion of the Court
Order unanimously reversed, with costs, and motion granted. Memorandum: Plaintiff’s motion to increase the ad damnum clause in his action for personal injury from $25,000 to $150,000 should have been granted. Where a motion to increase the ad damnum clause is made on the eve of trial, plaintiff should submit affidavits showing that the demand in the complaint is inadequate, that the increase is warranted by reason of a recent discovery of additional facts, and that the failure or negligence necessitating the amendment is excusable so far as these facts are within the knowledge of the…
2Cases cited8 opinions
- Loomis v. Civetta Corinno Construction Corp.New York Court of Appeals · 1981
- Koi v. P. S. & M. Catering Corp.Appellate Division of the Supreme Court of the State of New York · 1962
- Galarza v. Alcoa Steamship Co.Appellate Division of the Supreme Court of the State of New York · 1970
- Lycett v. Niagara Frontier Transit Systems, Inc.Appellate Division of the Supreme Court of the State of New York · 1981
- Allen v. PohlAppellate Division of the Supreme Court of the State of New York · 1978
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Perricone v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1983
- Walter v. Louise BauerAppellate Division of the Supreme Court of the State of New York · 1982
- Skinner v. ScobboAppellate Division of the Supreme Court of the State of New York · 1995
- Country-Wide Insurance v. New York State Thruway AuthorityNew York Court of Claims · 1982