THOMAS v. MAT POWER, INC.


205 A.D.2d 525 (1994)

613 N.Y.S.2d 55

Michael Thomas et al., Appellants, v. Mat Power, Inc., et al., Defendants and Third-Party Plaintiffs-Respondents, and Sears Roebuck & Co., Inc., et al., Respondents. Reselite Sports Products, Inc., et al., Third-Party Defendants-Respondents

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

June 6, 1994


Ordered that the order is affirmed insofar as appealed from, with one bill of costs to the respondents appearing separately and filing separate briefs.

The plaintiffs contend that the psychological injuries allegedly sustained by the plaintiff Scott Thomas were merely the "logical sequelae" of the physical injuries recited in the earlier bill of particulars, and that, accordingly, they were not required to seek leave to amend pursuant to CPLR 3042 so as to include...

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