Legal Opinion
Osborne v. Miller
Appellate Division of the Supreme Court of the State of New York
Decided February 10, 1972PublishedCited by 8 opinions
1Per curiam
In this personal injury action, defendant Miller appeals from a judgment aggregating $845,628.22 entered in favor of plaintiffs against him after a split jury trial.
*300Defendant’s appeal also brings up for review an intermediate order which granted the Osborne plaintiffs’ motion, after liability issues had been tried, to amend their complaint to increase an ad damnum clause from $350,000 to $1,000,000.
We take up first the appeal from the intermediate order.
In our opinion, it was an unwise exercise of discretion to grant the motion to increase the ad damnum clause. Accordingly, we reverse the…
2Cases cited2 opinions
- Marion Domeracki v. Humble Oil & Refining Co.Court of Appeals for the Third Circuit · 1971
- Dempsey v. ThompsonSupreme Court of Missouri · 1952
3Cited by8 opinions
- Koerner v. Club Mediterranee, S.A.District Court, S.D. New York · 1993
- Liggieri v. PasternackAppellate Division of the Supreme Court of the State of New York · 1976
- Peterson v. Spartan Industries, Inc.Appellate Division of the Supreme Court of the State of New York · 1978
- Adamsons v. American Airlines, Inc.New York Supreme Court · 1980
- Geller v. Mahsons Realty Corp.Civil Court of the City of New York · 1975
3 more not listed; retrieve them via the Exa API.