Miller v. Davis

Appellate Division of the Supreme Court of New York

Miller v. Davis

24 A.D.2d 730, 263 N.Y.S.2d 421, 1965 N.Y. App. Div. LEXIS 3376

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

DecidedSeptember 23, 1965

StatusPublished

Cited by1 cases

This text of 24 A.D.2d 730 (Miller v. Davis) 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

Miller v. Davis, 24 A.D.2d 730, 263 N.Y.S.2d 421, 1965 N.Y. App. Div. LEXIS 3376 (N.Y. Ct. App. 1965).

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Opinion

— Order unanimously reversed, without costs of this appeal to either party and motion denied, without costs. Memorandum: The granting of plaintiff’s motion to amend her complaint and bill of particulars made more than 4 years after the accident, 20 months after the alleged incurring of additional expense [731]*731and discovery of further injuries, and after the filing of notes of issue and certificates of readiness certifying the case ready for trial, was an improvident exercise of discretion. (See Hernandez v. Ezrow, 24 A D 2d 730.) (Appeal from order of Erie Special Term granting plaintiffs’ motion to amend the ad damnum clause and serve an amended bill of particulars.) Present — Williams, P. J., Bastow, Goldman, Henry and Del Vecchio, JJ.

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— Order unanimously reversed, without costs of this appeal to either party and motion denied, without costs. Memorandum: The granting of plaintiff’s motion to amend her complaint and bill of particulars made more than 4 years after the accident, 20 months after the alleged incurring of additional expense [731]*731and discovery of further injuries, and after the filing of notes of issue and certificates of readiness certifying the case ready for trial, was an improvident exercise of discretion. (See Hernandez v. Ezrow, 24 A D 2d 730.) (Appeal from order of Erie Special Term granting plaintiffs’ motion to amend the ad damnum clause and serve an amended bill of particulars.) Present — Williams, P. J., Bastow, Goldman, Henry and Del Vecchio, JJ.

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Bluebook (online)

24 A.D.2d 730, 263 N.Y.S.2d 421, 1965 N.Y. App. Div. LEXIS 3376, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miller-v-davis-nyappdiv-1965.

Opinion

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