Cavera v. Bharat

Appellate Division of the Supreme Court of New York

Cavera v. Bharat

41 A.D.2d 645, 340 N.Y.S.2d 605, 1973 N.Y. App. Div. LEXIS 5190

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

DecidedFebruary 5, 1973

StatusPublished

This text of 41 A.D.2d 645 (Cavera v. Bharat) 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

Cavera v. Bharat, 41 A.D.2d 645, 340 N.Y.S.2d 605, 1973 N.Y. App. Div. LEXIS 5190 (N.Y. Ct. App. 1973).

Pincite

Opinion

In a proceeding (1) to remove an action pending in the Civil'Court of the City of New York, Kings County, to the Supreme Court,' Bangs County; .(2). to increase the ad damnum clause .to $100,000 on the"first, cause of action and $150,000 on the second-cause of action; and (3) to place the action "in its appropriate place on the calendar of the Supreme Court, petitioner-appeals from an order .of the Supreme Court, Kings County, dated April-1, 1972, which denied the application. Order reversed, in-the interests , of justice; without costs, and application granted. ' In our opinion, the claimed special-damages in the underlying wrongful death and personal injury action warrant, the "transfer of the case to the Supreme Court. Furthermore, we are of the opinion'that-the delay in-requesting this relief is attributable solely to petitioner’s attorneys. Martuscello, Acting "P. J., Latham, Shapiro, Christ and.Brennan, JJ., concur.

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In a proceeding (1) to remove an action pending in the Civil'Court of the City of New York, Kings County, to the Supreme Court,' Bangs County; .(2). to increase the ad damnum clause .to $100,000 on the"first, cause of action and $150,000 on the second-cause of action; and (3) to place the action "in its appropriate place on the calendar of the Supreme Court, petitioner-appeals from an order .of the Supreme Court, Kings County, dated April-1, 1972, which denied the application. Order reversed, in-the interests , of justice; without costs, and application granted. ' In our opinion, the claimed special-damages in the underlying wrongful death and personal injury action warrant, the "transfer of the case to the Supreme Court. Furthermore, we are of the opinion'that-the delay in-requesting this relief is attributable solely to petitioner’s attorneys. Martuscello, Acting "P. J., Latham, Shapiro, Christ and.Brennan, JJ., concur.

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Bluebook (online)

41 A.D.2d 645, 340 N.Y.S.2d 605, 1973 N.Y. App. Div. LEXIS 5190, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cavera-v-bharat-nyappdiv-1973.