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ACKERMAN v. CITY OF NEW YORK

67 A.D.2d 689 (1979)

Bella Ackerman, as Administratrix of The Estate of Joseph Ackerman, Deceased, Appellant, v. City of New York, Defendant, and Harry Shields et al., Respondents. (Action No. 1.) Bella Ackerman, Individually and as Administratrix of The Estate of Rachel Rosenfeld, Deceased, Appellant, v. City of New York, Defendant, and Harry Shields et al., Respondents. (Action No. 2.)

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

January 22, 1979

Order reversed, without costs or disbursements, and motion granted.

Plaintiff's time to serve an amended bill of particulars is extended until 20 days after entry of the order to be made hereon. It was an abuse of discretion for Special Term to deny plaintiff's motion. Dr. Kinzel's affidavit, prima facie, established a sufficient causal connection between the incident in October, 1974 and plaintiff's subsequent myocardial infarction. Although a statement of readiness...

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