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ROSA v. WALTER CO.

42 Misc.2d 378 (1964)

Blanche T. Rosa et al., Plaintiffs, v. S. Walter Company, Inc., et al., Defendants. S. Walter Company, Inc., Third-Party Plaintiff, v. Harold Lopaten et al., Individually and as Copartners Doing Business under the Name of Variety Products Co., et al., Third-Party Defendants.

Supreme Court, Special Term, Kings County.

March 25, 1964

Attorney(s) appearing for the Case

Emil M. Sanchez and Wynne I. Stern for plaintiffs. William R. Ahmuty, Jr., and John T. Shean for S. Walter Company, Inc., defendant and third-party plaintiff. Dicker & Reich (Daniel E. Nastro of counsel), for Harold Lopaten and others, third-party defendants. Brady, Devlin, Grubbs, Lawler & Reid (Henry L. Weitz of counsel), for Bee Bee Togs, Inc., third-party defendant.

MURRAY T. FEIDEN, J.

Motion for an order increasing the ad damnum clauses of the complaint and the amount of damages claimed in the original bill of particulars. The application is based upon the fact that since the service of the complaint and bill of particulars, there has been a continuing permanent disability with consequent increase in loss of earnings and other special damages, due to the passage...

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