Binder v. City of New York

Appellate Division of the Supreme Court of New York

Binder v. City of New York

45 A.D.2d 840, 358 N.Y.S.2d 956, 1974 N.Y. App. Div. LEXIS 4542

Appellate Division of the Supreme Court of the State of New York·Decided July 1, 1974·Published

Opinion

In a negligence action to recover damages for personal injuries, plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Kings County, entered November 13, 1973, as (1) denied his motion to amend the ad damnum clause of his complaint from $100,000 to $1,000,000 and as, (2) upon reconsideration, denied his motion for a general preference. Order reversed insofar as appealed from, with $20 costs and disbursements, and motions to amend the ad damnum clause and for a general preference granted,. It is our opinion that, under the circumstances herein, the relief sought by plaintiff should have been granted. Hopkins, Acting P. J.,. Latham, Cohalan, Brennan and Munder, JJ., concur.

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In a negligence action to recover damages for personal injuries, plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Kings County, entered November 13, 1973, as (1) denied his motion to amend the ad damnum clause of his complaint from $100,000 to $1,000,000 and as, (2) upon reconsideration, denied his motion for a general preference. Order reversed insofar as appealed from, with $20 costs and disbursements, and motions to amend the ad damnum clause and for a general preference granted,. It is our opinion that, under the circumstances herein, the relief sought by plaintiff should have been granted. Hopkins, Acting P. J.,. Latham, Cohalan, Brennan and Munder, JJ., concur.

Binder v. City of New York, 45 A.D.2d 840, 358 N.Y.S.2d 956, 1974 N.Y. App. Div. LEXIS 4542 (N.Y. Ct. App. 1974).

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45 A.D.2d 840 (Binder v. City of New York) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.