While leave to amend shall be freely given in the absence of prejudice, plaintiff failed to submit an affidavit of merit sufficiently demonstrating the reasons for her delay in moving for the relief sought and the facts warranting the ad damnum increase. Nor was the motion accompanied by a physician's affidavit substantiating plaintiff's claims as to the permanence of her injuries and her need of future surgery (see Dolan v. Garden City Union Free School Dist.,
Welcome to the leading source of independent legal reporting
Let's get started
Sign on now to see your case.
Or view more than 10 million decisions and orders.
DAVID v. ASTROLOGO
24 A.D.3d 251 (2005)
805 N.Y.S.2d 283
ROSALIE DAVID, Appellant, et al., Plaintiff, v. DENNIS J. ASTROLOGO et al., Respondents. (And a Third-Party Action.)
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
December 15, 2005.
December 15, 2005.
Appellate Division of the Supreme Court of the State of New York, First Department.
Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.
Cited Cases
- No Cases Found
Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.
