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HUSTON v. RAO

74 A.D.2d 127 (1980)

Barry S. Huston et al., Respondents, v. Prebhakar Rao, Appellant

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

April 14, 1980

Attorney(s) appearing for the Case

Lester Holtzman (Gerald Richman and Abraham L. Shapiro of counsel), for appellant.

Glabman, Rubenstein, Reingold & Rothbart (Ivan W. Hametz of counsel), for respondents.

HOPKINS, J. P., TITONE and LAZER, JJ., concur.

GIBBONS, J.

This action was commenced in the Supreme Court, Queens County, on April 17, 1973 by the plaintiffs to recover damages for personal injuries sustained by them as the result of an automobile accident which occurred on January 13, 1973.

Under the ad damnum clause of the complaint, Barry Scott Huston (hereafter the plaintiff) demanded judgment in the amount of $50,000.

As set forth...

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