TOOLEY v. HOWARD JOHNSON'S INC.


29 A.D.2d 930 (1968)

Harold Tooley, Respondent, v. Howard Johnson's Incorporated et al., Appellants

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

April 18, 1968


Order entered September 18, 1967, herein appealed from, unanimously reversed, on the law, the facts and in the exercise of discretion, with $30 costs and disbursements to appellants and the motion denied.

The accident upon which the action for damages is based occurred in 1960. The case was noticed for trial in the Civil Court in 1964. Plaintiff allegedly discovered the claimed enlargement of injuries, the predicate for the motion to amend and to transfer, in May...

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