Andzel v. Schubbe

Appellate Division of the Supreme Court of New York

Andzel v. Schubbe

54 A.D.2d 607, 387 N.Y.S.2d 327, 1976 N.Y. App. Div. LEXIS 14001

CourtAppellate Division of the Supreme Court of the State of New York

DecidedSeptember 24, 1976

StatusPublished

Cited by1 cases

This text of 54 A.D.2d 607 (Andzel v. Schubbe) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Andzel v. Schubbe, 54 A.D.2d 607, 387 N.Y.S.2d 327, 1976 N.Y. App. Div. LEXIS 14001 (N.Y. Ct. App. 1976).

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Opinion

Order unanimously affirmed, with costs. Memorandum: The nature and extent of the plaintiff Gary Andzel’s injuries were known since April, 1973. Subsequently plaintiff twice certified the case as ready for trial. He made no effort to amend the ad damnum clause until March 25, 1976, the day before a jury was to be selected, when an order to show cause was obtained returnable the following morning. After the jury selection Special Term heard and denied plaintiff’s application. In these circumstances the order was a proper exercise of discretion. (Appeal from order of Erie Supreme Court&emdash;ad damnum clause.) Present&emdash;Marsh, P. J., Moule, Dillon, Goldman and Witmer, JJ.

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Order unanimously affirmed, with costs. Memorandum: The nature and extent of the plaintiff Gary Andzel’s injuries were known since April, 1973. Subsequently plaintiff twice certified the case as ready for trial. He made no effort to amend the ad damnum clause until March 25, 1976, the day before a jury was to be selected, when an order to show cause was obtained returnable the following morning. After the jury selection Special Term heard and denied plaintiff’s application. In these circumstances the order was a proper exercise of discretion. (Appeal from order of Erie Supreme Court&emdash;ad damnum clause.) Present&emdash;Marsh, P. J., Moule, Dillon, Goldman and Witmer, JJ.

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Bluebook (online)

54 A.D.2d 607, 387 N.Y.S.2d 327, 1976 N.Y. App. Div. LEXIS 14001, Counsel Stack Legal Research, https://law.counselstack.com/opinion/andzel-v-schubbe-nyappdiv-1976.

Opinion

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