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GONZALEZ v. TEXACO, INC.

71 A.D.2d 666 (1979)

Jesus Gonzalez et al., Respondents, v. Texaco, Inc., et al., Appellants

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

July 30, 1979

Order affirmed, with $50 costs and disbursements.

Special Term was warranted in granting the motion to, inter alia, increase the ad damnum clause in view of the fact that it was only after the trial on the issue of liability that the hip replacement operation became necessary.

Cohalan, J., dissents and votes to reverse the order and to deny the motion, with the following memorandum, in which Damiani, J. P., concurs:

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