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FONTAINE v. MORSE DIESEL, INC.

83 A.D.2d 809 (1981)

Gerard D. Fontaine, Appellant, v. Morse Diesel, Inc., Defendant-Respondent and Third-Party Plaintiff-Respondent. Prince Carpentry, Inc., Third-Party Defendant-Respondent

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

August 13, 1981

Plaintiff's motion to reargue should have been treated as one for renewal because it presented new evidence in support of his original motion to raise the ad damnum clause from $150,000 to $950,000. In his affidavit, plaintiff asserted that his fall from the scaffold was the cause of his continuing injuries and medical treatment. After the original bills of particulars were served in January of 1979, plaintiff noted that he...

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