Janangelo v. Falshaw

Appellate Division of the Supreme Court of New York

Janangelo v. Falshaw

39 A.D.2d 763, 332 N.Y.S.2d 457, 1972 N.Y. App. Div. LEXIS 4546

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

DecidedMay 22, 1972

StatusPublished

Cited by1 cases

This text of 39 A.D.2d 763 (Janangelo v. Falshaw) 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

Janangelo v. Falshaw, 39 A.D.2d 763, 332 N.Y.S.2d 457, 1972 N.Y. App. Div. LEXIS 4546 (N.Y. Ct. App. 1972).

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Opinion

In a negligence action to recover damages for personal injuries, etc., plaintiffs appeal from an order of the Supreme Court, Westchester County, dated August 25, 1969, which denied their motion to amend their bill of particulars with respect to paragraph (a) of item 10 therein. Order reversed, with $10 costs and disbursements, motion granted and bill of particulars deemed amended as requested by plaintiffs. In our opinion, there was no showing of prejudice or surprise to defendant; and, in sound discretion, leave to amend should have been granted. Rabin, P. J., Shapiro, Gulotta, Christ and Brennan, JJ., concur.

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In a negligence action to recover damages for personal injuries, etc., plaintiffs appeal from an order of the Supreme Court, Westchester County, dated August 25, 1969, which denied their motion to amend their bill of particulars with respect to paragraph (a) of item 10 therein. Order reversed, with $10 costs and disbursements, motion granted and bill of particulars deemed amended as requested by plaintiffs. In our opinion, there was no showing of prejudice or surprise to defendant; and, in sound discretion, leave to amend should have been granted. Rabin, P. J., Shapiro, Gulotta, Christ and Brennan, JJ., concur.

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Bluebook (online)

39 A.D.2d 763, 332 N.Y.S.2d 457, 1972 N.Y. App. Div. LEXIS 4546, Counsel Stack Legal Research, https://law.counselstack.com/opinion/janangelo-v-falshaw-nyappdiv-1972.

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