RYAN v. KELLER


24 A.D.2d 837 (1965)

John Ryan, Individually and as Guardian ad Litem of Kenneth Ryan, an Infant, Respondent, v. John E. Keller et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

October 28, 1965


Order unanimously reversed, without costs to this appeal to any party, and motion denied.

Memorandum:

This action was commenced in January, 1962 to recover damages for personal injuries alleged to have been sustained by the infant on August 22, 1960. A note of issue was filed in March, 1962 and an amended bill of particulars was served more than a year thereafter. It is apparent therefrom that plaintiff was aware of the claimed permanent visual damage requiring...

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