De Rosa v. Chester

Appellate Division of the Supreme Court of New York

De Rosa v. Chester

64 A.D.2d 977, 408 N.Y.S.2d 805, 1978 N.Y. App. Div. LEXIS 12948

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

DecidedSeptember 25, 1978

StatusPublished

This text of 64 A.D.2d 977 (De Rosa v. Chester) 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

De Rosa v. Chester, 64 A.D.2d 977, 408 N.Y.S.2d 805, 1978 N.Y. App. Div. LEXIS 12948 (N.Y. Ct. App. 1978).

Pincite

Opinion

—In a negligence action to recover damages for personal injuries, etc., defendants appeal from an order of the Supreme Court, Kings County, dated May 31, 1977, which granted plaintiff Nicola De Rosa’s motion to increase the ad damnum clause as to his cause of action. Order affirmed, without costs or disbursements. In the absence of any showing of prejudice, either asserted or demonstrated, we find that the granting of this increase, sought at an early stage in the proceedings, was a proper exercise of discretion. Defendants’ claim of laches is without foundation. Latham, J. P., Damiani, Titone and Suozzi, JJ., concur.

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—In a negligence action to recover damages for personal injuries, etc., defendants appeal from an order of the Supreme Court, Kings County, dated May 31, 1977, which granted plaintiff Nicola De Rosa’s motion to increase the ad damnum clause as to his cause of action. Order affirmed, without costs or disbursements. In the absence of any showing of prejudice, either asserted or demonstrated, we find that the granting of this increase, sought at an early stage in the proceedings, was a proper exercise of discretion. Defendants’ claim of laches is without foundation. Latham, J. P., Damiani, Titone and Suozzi, JJ., concur.

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Bluebook (online)

64 A.D.2d 977, 408 N.Y.S.2d 805, 1978 N.Y. App. Div. LEXIS 12948, Counsel Stack Legal Research, https://law.counselstack.com/opinion/de-rosa-v-chester-nyappdiv-1978.