THOMAS v. UNITED PARCEL SERV. OF NEW YORK


63 A.D.2d 618 (1978)

Gordon A. Thomas, Appellant, v. United Parcel Service of New York et al., Respondents. United Parcel Service of New York, Third-Party Plaintiff-Respondent, v. William J. Burns International Detective Agency, Inc.; Third-Party Defendant-Respondent

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

May 18, 1978


Unanimously reversed, in the exercise of discretion, without costs or disbursements, and the motion granted, with leave to defendants to conduct a further physical examination of plaintiff.

Although this motion was made three months after the filing of the note of issue and three years after joinder of issue, we are of the view that amendment of the ad damnum clause should have been permitted. Four years after the accident, plaintiff is still incapacitated...

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