ANDZEL v. SCHUBBE


54 A.D.2d 607 (1976)

Gary Andzel et al., Appellants, v. Eugene Schubbe et al., Respondents

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

September 24, 1976


Order unanimously affirmed, with costs.

Memorandum:

The nature and extent of the plaintiff Gary Andzel's injuries were known since April, 1973. Subsequently plaintiff twice certified the case as ready for trial. He made no effort to amend the ad damnum clause until March 25, 1976, the day before a jury was to be selected, when an order to show cause was obtained returnable the following morning. After the jury selection Special Term heard and denied...

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