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MATTER OF BIRKHOLZ v. WILGUS

27 Misc.2d 582 (1961)

In the Matter of John Birkholz, an Infant, et al., Plaintiffs, v. William H. Wilgus, Doing Business as Bellmore Concrete Products, Defendant.

Supreme Court, Special Term, Nassau County.

March 16, 1961

Attorney(s) appearing for the Case

Lewis C. Leighton for plaintiffs. Cotter, Carey, Schultz & Fox for defendant.

MARIO PITTONI, J.

The plaintiffs seek to remove to this court an action pending in the Nassau County District Court on the ground that the damages sustained are greater than originally alleged, and that the District Court is not empowered to award a judgment for such increased amount. The application is made more than three years after the cause of action arose. A...

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