LEVINE v. CITY OF NEW YORK


78 A.D.2d 636 (1980)

Rose Levine et al., Appellants, v. City of New York et al., Respondents

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

October 6, 1980


Order reversed, with $50 costs and disbursements, and plaintiffs' motion is granted.

Since plaintiffs' motion to amend the ad damnum was based solely upon an update and re-evaluation of the original injuries, it was an abuse of discretion for Special Term to deny the motion on the ground that plaintiffs' medical affidavits had failed to show "sufficient differentiation between the [injured] plaintiff's condition prior to the accident and subsequent thereto...

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