D'Aloia v. C. Venesiale Trucking Co.

Appellate Division of the Supreme Court of New York

D'Aloia v. C. Venesiale Trucking Co.

34 A.D.2d 570, 310 N.Y.S.2d 671, 1970 N.Y. App. Div. LEXIS 5236

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

DecidedMarch 30, 1970

StatusPublished

This text of 34 A.D.2d 570 (D'Aloia v. C. Venesiale Trucking Co.) 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

D'Aloia v. C. Venesiale Trucking Co., 34 A.D.2d 570, 310 N.Y.S.2d 671, 1970 N.Y. App. Div. LEXIS 5236 (N.Y. Ct. App. 1970).

Pincite

Opinion

In a negligence action to recover damages for personal injuries, defendants appeal from an order of Supreme Court, Nassau County, dated September 25, 1969, which granted plaintiff’s motion for leave to serve a supplemental bill of particulars so as to allege therein increased medical expenses and loss of earnings. Order modified, on the law and the facts and in the exercise of discretion, by adding thereto a provision that the granting of the motion is conditioned upon plaintiff’s submitting to a physical examination and an examination before trial as to the alleged increased medical expenses and loss of earnings, if requested by defendants. As so modified, order affirmed, without costs. In our opinion, the granting of plaintiff’s motion should have been made subject to the condition imposed herein (cf. Carrano v. Haboush, 32 A D 2d 955). Christ, Acting P. J., Rabin, Hopkins and Brennan, JJ., concur; (Beldock, P. J., deceased).

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In a negligence action to recover damages for personal injuries, defendants appeal from an order of Supreme Court, Nassau County, dated September 25, 1969, which granted plaintiff’s motion for leave to serve a supplemental bill of particulars so as to allege therein increased medical expenses and loss of earnings. Order modified, on the law and the facts and in the exercise of discretion, by adding thereto a provision that the granting of the motion is conditioned upon plaintiff’s submitting to a physical examination and an examination before trial as to the alleged increased medical expenses and loss of earnings, if requested by defendants. As so modified, order affirmed, without costs. In our opinion, the granting of plaintiff’s motion should have been made subject to the condition imposed herein (cf. Carrano v. Haboush, 32 A D 2d 955). Christ, Acting P. J., Rabin, Hopkins and Brennan, JJ., concur; (Beldock, P. J., deceased).

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Bluebook (online)

34 A.D.2d 570, 310 N.Y.S.2d 671, 1970 N.Y. App. Div. LEXIS 5236, Counsel Stack Legal Research, https://law.counselstack.com/opinion/daloia-v-c-venesiale-trucking-co-nyappdiv-1970.