VAN AKEN v. LANCASTER DEV., INC.


129 A.D.2d 913 (1987)

Douglas Van Aken, Appellant, v. Lancaster Development, Inc., et al., Respondents

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

April 23, 1987


Yesawich, Jr., J.

This negligence action, accruing in 1981, initially was reached for trial on March 2, 1984. Following jury selection, plaintiff's counsel indicated an intention to prove psychological injuries which plaintiff suffered as a result of the accident. As these claimed injuries had not been pleaded or addressed in plaintiff's bill of particulars, and he had not submitted to an examination regarding them by a physician designated by defendants...

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