POSSELT v. ROSA


60 A.D.2d 854 (1978)

Klaus Posselt et al., Plaintiffs, v. Mario T. Rosa et al., Defendants. (Action No. 1.) Michael Quagliano, Respondent, v. Mario T. Rosa et al., Appellants. (Action No. 2.) (And Another Action.)

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

January 9, 1978


Order reversed, without costs or disbursements, and motion denied, without prejudice to a renewal thereof upon a proper showing by (1) doctor's affidavit of a causal connection between the allegedly increased injury and the accident sued upon and (2) an affidavit by plaintiff as to the merits of the case and the delay in the making of the motion.

It was an improper exercise of discretion to allow plaintiff to amend the ad damnum clause upon the papers submitted...

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