Atkins v. New York City Transit Authority

Appellate Division of the Supreme Court of New York

Atkins v. New York City Transit Authority

133 A.D.2d 799, 520 N.Y.S.2d 351, 1987 N.Y. App. Div. LEXIS 51836

Appellate Division of the Supreme Court of the State of New York·Decided October 26, 1987·Published

Opinion

— In a negligence action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Kings County (Bernstein, J.), dated December 5, 1986, which granted the plaintiff’s motion to increase the ad damnum clause from $500,000 to $2,000,000.

Ordered that the order is affirmed, with costs.

Under all of the facts and circumstances, it was not an abuse of discretion to grant the plaintiff’s motion. Mangano, J. P., Brown, Lawrence, Weinstein and Kunzeman, JJ., concur.

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— In a negligence action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Kings County (Bernstein, J.), dated December 5, 1986, which granted the plaintiff’s motion to increase the ad damnum clause from $500,000 to $2,000,000.

Ordered that the order is affirmed, with costs.

Under all of the facts and circumstances, it was not an abuse of discretion to grant the plaintiff’s motion. Mangano, J. P., Brown, Lawrence, Weinstein and Kunzeman, JJ., concur.

Atkins v. New York City Transit Authority, 133 A.D.2d 799, 520 N.Y.S.2d 351, 1987 N.Y. App. Div. LEXIS 51836 (N.Y. Ct. App. 1987).

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133 A.D.2d 799 (Atkins v. New York City Transit Authority) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.