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GAMBINO v. SWAN

152 A.D.2d 620 (1989)

Thomas Gambino, Appellant, v. George Swan et al., Respondents

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

July 10, 1989

Ordered that the order is affirmed, with costs.

In order to establish his entitlement to the relief sought, the plaintiff was required to show the merits of the case, the reasons for the delay, and further, that the increase in damages is warranted by reasons of facts which only recently came to the plaintiff's attention (see, Dolan v Garden City Union Free School Dist., 113 A.D.2d 781

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