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HANCOCK v. 330 HULL REALTY CORP.

225 A.D.2d 365 (1996)

638 N.Y.S.2d 654

Ebony Hancock, an Infant, by Her Parent and Natural Guardian, Marilyn Hancock, Respondent, et al., Plaintiff, v. 330 Hull Realty Corp., Appellant

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

March 12, 1996

The trial court did not abuse its discretion in allowing plaintiff to call an additional medical witness on rebuttal after the defense had rested, in lieu of precluding the testimony of defendant's expert as sought by plaintiffs (see, Feldsberg v Nitschke, 49 N.Y.2d 636, 643).

Plaintiffs were also properly permitted to amend their complaint to conform the pleadings to the proof and to increase the ad damnum from $1...

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