Bryant v. Natasi

Appellate Division of the Supreme Court of New York

Bryant v. Natasi

76 A.D.2d 877, 432 N.Y.S.2d 855, 1980 N.Y. App. Div. LEXIS 11948

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

DecidedJune 16, 1980

StatusPublished

This text of 76 A.D.2d 877 (Bryant v. Natasi) 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

Bryant v. Natasi, 76 A.D.2d 877, 432 N.Y.S.2d 855, 1980 N.Y. App. Div. LEXIS 11948 (N.Y. Ct. App. 1980).

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Opinion

In a malpractice action, plaintiffs appeal, as limited by their brief, from so much of a decision of the Supreme Court, Richmond County and an order entered thereon, dated December 11, 1979 and February 25, 1980, respectively, insofar as they denied their motion to amend the ad damnum clause from $300,000 to $1,500,000. Appeal from decision dated December 11, 1979, dismissed. No appeal lies from a decision. Order reversed insofar as appealed from and motion to increase the ad damnum clause to $1,500,-000 is granted, with leave to defendants to obtain new physieial examinations. The plaintiffs are awarded one bill of $50 costs and disbursements, payable jointly by the defendants. Under the circumstances, the plaintiffs’ motion to increase the ad damnum clause should have been granted (see Wagner v Huntington Hosp., 65 AD2d 771). Hopkins, J. P., Damiani, Lazer and Gibbons, JJ., concur.

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In a malpractice action, plaintiffs appeal, as limited by their brief, from so much of a decision of the Supreme Court, Richmond County and an order entered thereon, dated December 11, 1979 and February 25, 1980, respectively, insofar as they denied their motion to amend the ad damnum clause from $300,000 to $1,500,000. Appeal from decision dated December 11, 1979, dismissed. No appeal lies from a decision. Order reversed insofar as appealed from and motion to increase the ad damnum clause to $1,500,-000 is granted, with leave to defendants to obtain new physieial examinations. The plaintiffs are awarded one bill of $50 costs and disbursements, payable jointly by the defendants. Under the circumstances, the plaintiffs’ motion to increase the ad damnum clause should have been granted (see Wagner v Huntington Hosp., 65 AD2d 771). Hopkins, J. P., Damiani, Lazer and Gibbons, JJ., concur.

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Bluebook (online)

76 A.D.2d 877, 432 N.Y.S.2d 855, 1980 N.Y. App. Div. LEXIS 11948, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bryant-v-natasi-nyappdiv-1980.

Opinion

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