Fling v. McGregor, Swire Air Services, Ltd.

Appellate Division of the Supreme Court of New York

Fling v. McGregor, Swire Air Services, Ltd.

67 A.D.2d 901, 413 N.Y.S.2d 281, 1979 N.Y. App. Div. LEXIS 10670

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

DecidedFebruary 5, 1979

StatusPublished

Cited by2 cases

This text of 67 A.D.2d 901 (Fling v. McGregor, Swire Air Services, Ltd.) 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

Fling v. McGregor, Swire Air Services, Ltd., 67 A.D.2d 901, 413 N.Y.S.2d 281, 1979 N.Y. App. Div. LEXIS 10670 (N.Y. Ct. App. 1979).

Pincite

Opinion

— In a negligence action to recover damages for personal injuries, plaintiffs appeal from an order of the Supreme Court, Queens County, entered September 13, 1978, which denied their motion to [902]*902increase the ad damnum clause. Order reversed, and motion granted, with $50 costs and disbursements. Special Term improvidently exercised its discretion in denying plaintiffs’ motion to increase their ad damnum clause. The injuries sustained could conceivably result in a verdict in excess of that demanded in the original complaint (cf. Calautti v National Transp. Co., 10 AD2d 955). Suozzi, J. P., O’Connor, Gulotta and Cohalan, JJ., concur.

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— In a negligence action to recover damages for personal injuries, plaintiffs appeal from an order of the Supreme Court, Queens County, entered September 13, 1978, which denied their motion to [902]*902increase the ad damnum clause. Order reversed, and motion granted, with $50 costs and disbursements. Special Term improvidently exercised its discretion in denying plaintiffs’ motion to increase their ad damnum clause. The injuries sustained could conceivably result in a verdict in excess of that demanded in the original complaint (cf. Calautti v National Transp. Co., 10 AD2d 955). Suozzi, J. P., O’Connor, Gulotta and Cohalan, JJ., concur.

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Bluebook (online)

67 A.D.2d 901, 413 N.Y.S.2d 281, 1979 N.Y. App. Div. LEXIS 10670, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fling-v-mcgregor-swire-air-services-ltd-nyappdiv-1979.

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