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BURDEN v. CADILLAC DEVELOPERS CORP.

34 Misc.2d 37 (1962)

Martin H. Burden, an Infant, by William J. Burden, His Guardian ad Litem, et al., Plaintiffs, v. Cadillac Developers Massapequa Corp., et al., Defendants.

Supreme Court, Trial Term, Nassau County.

March 28, 1962

Attorney(s) appearing for the Case

William H. Speckels and Theodore D. Rothenberg for plaintiffs. Jerome Scharoff for defendants.

FRANK A. GULOTTA, J.

This is a motion to increase the ad damnum clause in a complaint from $25,000 to $100,000, and for leave to serve an amended bill of particulars. The motion was made as the trial was about to commence and the trial was adjourned to permit the same to be made on papers.

It appears that the complaint was served July 8, 1953, and the bill of particulars on June 14, 1955. A fracture of the left femur was then claimed. In...

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