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GREGOIRE v. HYMAN

59 A.D.2d 1029 (1977)

Roger Gregoire et al., Appellants, v. Vincent P. Hyman et al., Respondents. (Appeal No. 1.)

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

November 4, 1977

Order affirmed, without costs.

Dillon, J., dissenting.

In my view, Special Term's denial of plaintiffs' motion to increase the ad damnum clause of their original complaint was an improvident exercise of discretion. The motion was made well in advance of trial and is premised upon the degenerative nature of plaintiff Roger Gregoire's injuries and the need for additional corrective surgery. Leave...

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