Lopez v. Triboro Coach Corp.

Appellate Division of the Supreme Court of New York

Lopez v. Triboro Coach Corp.

30 A.D.2d 812, 293 N.Y.S.2d 504, 1968 N.Y. App. Div. LEXIS 3523

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

DecidedJuly 1, 1968

StatusPublished

This text of 30 A.D.2d 812 (Lopez v. Triboro Coach Corp.) 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

Lopez v. Triboro Coach Corp., 30 A.D.2d 812, 293 N.Y.S.2d 504, 1968 N.Y. App. Div. LEXIS 3523 (N.Y. Ct. App. 1968).

Pincite

Opinion

Appeal by plaintiffs from so much of an order of the Supreme Court, Queens County, dated April 5, 1967, as, on reargument, adhered to the original decision denying their motion for leave to serve an amended bill of particulars. Order reversed insofar as appealed from, on the law and the facts, with $10 costs and disbursements, and plaintiffs are granted leave to serve the proposed supplemental bill of particulars, upon condition that the plaintiff wife submit to a further physical and neurological examination by a physician of defendants’ choice at a time and place to be agreed upon by the respective attorneys for both sides or to be fixed by Special Term. The supplemental bill of particulars may be served within 20 days after entry of the order hereon. Under the circumstances disclosed by the papers presented, it is our opinion that a further medical examination will dispel any prejudice occasioned to respondents by appellants’ delay in moving for leave to serve a supplemental bill of particulars. Christ, Acting P. J., Brennan, Rabin, Hopkins and Munder, JJ., concur.

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Appeal by plaintiffs from so much of an order of the Supreme Court, Queens County, dated April 5, 1967, as, on reargument, adhered to the original decision denying their motion for leave to serve an amended bill of particulars. Order reversed insofar as appealed from, on the law and the facts, with $10 costs and disbursements, and plaintiffs are granted leave to serve the proposed supplemental bill of particulars, upon condition that the plaintiff wife submit to a further physical and neurological examination by a physician of defendants’ choice at a time and place to be agreed upon by the respective attorneys for both sides or to be fixed by Special Term. The supplemental bill of particulars may be served within 20 days after entry of the order hereon. Under the circumstances disclosed by the papers presented, it is our opinion that a further medical examination will dispel any prejudice occasioned to respondents by appellants’ delay in moving for leave to serve a supplemental bill of particulars. Christ, Acting P. J., Brennan, Rabin, Hopkins and Munder, JJ., concur.

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Bluebook (online)

30 A.D.2d 812, 293 N.Y.S.2d 504, 1968 N.Y. App. Div. LEXIS 3523, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lopez-v-triboro-coach-corp-nyappdiv-1968.