Herte v. Breen

Appellate Division of the Supreme Court of New York

Herte v. Breen

115 A.D.2d 590, 496 N.Y.S.2d 960, 1985 N.Y. App. Div. LEXIS 55012

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

DecidedDecember 16, 1985

StatusPublished

Cited by1 cases

This text of 115 A.D.2d 590 (Herte v. Breen) 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

Herte v. Breen, 115 A.D.2d 590, 496 N.Y.S.2d 960, 1985 N.Y. App. Div. LEXIS 55012 (N.Y. Ct. App. 1985).

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Opinion

In an action to recover damages for personal injuries, etc., defendant appeals from an order of the Supreme Court, Suffolk County (Lama, J.), dated February 1, 1985, which granted plaintiffs’ motion for summary judgment on the issue of liability and for amendment of the complaint so as to increase the ad damnum clause.

Order affirmed, with costs.

On this record, Special Term properly granted summary judgment on the issue of liability against the defendant driver, who had admittedly fallen asleep at the wheel and struck plaintiffs’ vehicle in the rear (Baly v Chrysler Credit Corp., 94 AD2d 781; Behar v Ordover, 92 AD2d 557). The record further justifies the granting of the amendment of the complaint so as to increase the ad damnum clause. Mollen, P. J., Gibbons, Brown, Niehoff and Fiber, JJ., concur.

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In an action to recover damages for personal injuries, etc., defendant appeals from an order of the Supreme Court, Suffolk County (Lama, J.), dated February 1, 1985, which granted plaintiffs’ motion for summary judgment on the issue of liability and for amendment of the complaint so as to increase the ad damnum clause.

Order affirmed, with costs.

On this record, Special Term properly granted summary judgment on the issue of liability against the defendant driver, who had admittedly fallen asleep at the wheel and struck plaintiffs’ vehicle in the rear (Baly v Chrysler Credit Corp., 94 AD2d 781; Behar v Ordover, 92 AD2d 557). The record further justifies the granting of the amendment of the complaint so as to increase the ad damnum clause. Mollen, P. J., Gibbons, Brown, Niehoff and Fiber, JJ., concur.

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Bluebook (online)

115 A.D.2d 590, 496 N.Y.S.2d 960, 1985 N.Y. App. Div. LEXIS 55012, Counsel Stack Legal Research, https://law.counselstack.com/opinion/herte-v-breen-nyappdiv-1985.

Opinion

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