Gable v. Dellasalla

Appellate Division of the Supreme Court of New York

Gable v. Dellasalla

53 A.D.2d 659, 384 N.Y.S.2d 873, 1976 N.Y. App. Div. LEXIS 13395

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

DecidedJune 21, 1976

StatusPublished

Cited by1 cases

This text of 53 A.D.2d 659 (Gable v. Dellasalla) 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

Gable v. Dellasalla, 53 A.D.2d 659, 384 N.Y.S.2d 873, 1976 N.Y. App. Div. LEXIS 13395 (N.Y. Ct. App. 1976).

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Opinion

a negligence action to recover damages for personal injuries, etc., pending in the Civil Court of the City of New York, Queens County, plaintiffs appeal from an order of the Supreme Court, Queens County, dated January 5, 1976, which denied plaintiffs’ motion to (1) remove the action to the Supreme Court, Queens County, and (2) increase the ad damnum clause of the complaint with respect to the first cause of action set forth therein from $10,000 to $50,000. Order reversed, without costs or disbursements, and motion granted. In our opinion, plaintiff established prima facie that her injuries are now known to be more serious than was believed at the time of the joinder of issue. Under the present circumstances, the monetary jurisdiction of the Civil Court of the City of New York may preclude an adequate recovery by plaintiff in that court. Hopkins, Acting P. J., Martuscello, Margett, Rabin and Hawkins, JJ., concur.

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a negligence action to recover damages for personal injuries, etc., pending in the Civil Court of the City of New York, Queens County, plaintiffs appeal from an order of the Supreme Court, Queens County, dated January 5, 1976, which denied plaintiffs’ motion to (1) remove the action to the Supreme Court, Queens County, and (2) increase the ad damnum clause of the complaint with respect to the first cause of action set forth therein from $10,000 to $50,000. Order reversed, without costs or disbursements, and motion granted. In our opinion, plaintiff established prima facie that her injuries are now known to be more serious than was believed at the time of the joinder of issue. Under the present circumstances, the monetary jurisdiction of the Civil Court of the City of New York may preclude an adequate recovery by plaintiff in that court. Hopkins, Acting P. J., Martuscello, Margett, Rabin and Hawkins, JJ., concur.

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Bluebook (online)

53 A.D.2d 659, 384 N.Y.S.2d 873, 1976 N.Y. App. Div. LEXIS 13395, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gable-v-dellasalla-nyappdiv-1976.

Opinion

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