Moschitta v. Samuels

Appellate Division of the Supreme Court of New York

Moschitta v. Samuels

64 A.D.2d 979, 408 N.Y.S.2d 809, 1978 N.Y. App. Div. LEXIS 12953

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

DecidedSeptember 25, 1978

StatusPublished

This text of 64 A.D.2d 979 (Moschitta v. Samuels) 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

Moschitta v. Samuels, 64 A.D.2d 979, 408 N.Y.S.2d 809, 1978 N.Y. App. Div. LEXIS 12953 (N.Y. Ct. App. 1978).

Pincite

Opinion

—In a negligence action to recover damages for personal injuries, etc., defendants appeal from an order of the Supreme Court, Kings County, dated April 28, 1978, which, upon reconsideration of plaintiffs’ motion to (1) amend their complaint by increasing the ad damnum clause from $10,000 to $750,000 and (2) transfer the action from the Civil Court, Kings County, to the Supreme Court, Kings County, granted the motion. Order reversed, with $50 costs and disbursements, and motion denied. Plaintiffs have failed to demonstrate compliance with the criteria set forth in London v Moore (32 AD2d 543) respecting a causal connection between the injuries alleged and the accident. Also, there has been a failure to explain the signal and appreciable delay. After an interval of almost 10 years between the accident and the motion to amend, and in view of the enormous increase sought in the ad damnum clause, defendants would be so prejudiced that merely awarding them costs or granting them leave to conduct a physical examination would not suffice. Shapiro, J. P., Cohalan, Hawkins and O’Connor, JJ., concur.

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—In a negligence action to recover damages for personal injuries, etc., defendants appeal from an order of the Supreme Court, Kings County, dated April 28, 1978, which, upon reconsideration of plaintiffs’ motion to (1) amend their complaint by increasing the ad damnum clause from $10,000 to $750,000 and (2) transfer the action from the Civil Court, Kings County, to the Supreme Court, Kings County, granted the motion. Order reversed, with $50 costs and disbursements, and motion denied. Plaintiffs have failed to demonstrate compliance with the criteria set forth in London v Moore (32 AD2d 543) respecting a causal connection between the injuries alleged and the accident. Also, there has been a failure to explain the signal and appreciable delay. After an interval of almost 10 years between the accident and the motion to amend, and in view of the enormous increase sought in the ad damnum clause, defendants would be so prejudiced that merely awarding them costs or granting them leave to conduct a physical examination would not suffice. Shapiro, J. P., Cohalan, Hawkins and O’Connor, JJ., concur.

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Bluebook (online)

64 A.D.2d 979, 408 N.Y.S.2d 809, 1978 N.Y. App. Div. LEXIS 12953, Counsel Stack Legal Research, https://law.counselstack.com/opinion/moschitta-v-samuels-nyappdiv-1978.

Opinion

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