Person v. Noya Cab Corp.

Appellate Division of the Supreme Court of New York

Person v. Noya Cab Corp.

83 A.D.2d 607, 441 N.Y.S.2d 813, 1981 N.Y. App. Div. LEXIS 14895

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

DecidedJuly 20, 1981

StatusPublished

This text of 83 A.D.2d 607 (Person v. Noya Cab 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

Person v. Noya Cab Corp., 83 A.D.2d 607, 441 N.Y.S.2d 813, 1981 N.Y. App. Div. LEXIS 14895 (N.Y. Ct. App. 1981).

Pincite

Opinion

In a personal injury action, the plaintiff appeals from an order of the Supreme Court, Kings County (Rader, J.), dated October 9, 1980, which denied his motion to increase the ad damnum clause from $100,000 to $500,000. Order reversed, with $50 costs and disbursements, and motion granted. The defendants, if so advised, may conduct a physical examination of the plaintiff solely with respect to the physical conditions alleged in the plaintiff’s motion papers. Defendants’ time to notice such examination is extended until 20 days after service upon them of a copy of the order to be made hereon, with notice of entry thereof. Plaintiff shall submit an updated medical report within 20 days after service upon him of a copy of the order to be made hereon, with notice of entry thereof. No showing of prejudice to the defendants by increasing the ad damnum clause appears, and in the exercise of our discretion the motion should be granted. Hopkins, J. P., Mangano, Rabin and Weinstein, JJ., concur.

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In a personal injury action, the plaintiff appeals from an order of the Supreme Court, Kings County (Rader, J.), dated October 9, 1980, which denied his motion to increase the ad damnum clause from $100,000 to $500,000. Order reversed, with $50 costs and disbursements, and motion granted. The defendants, if so advised, may conduct a physical examination of the plaintiff solely with respect to the physical conditions alleged in the plaintiff’s motion papers. Defendants’ time to notice such examination is extended until 20 days after service upon them of a copy of the order to be made hereon, with notice of entry thereof. Plaintiff shall submit an updated medical report within 20 days after service upon him of a copy of the order to be made hereon, with notice of entry thereof. No showing of prejudice to the defendants by increasing the ad damnum clause appears, and in the exercise of our discretion the motion should be granted. Hopkins, J. P., Mangano, Rabin and Weinstein, JJ., concur.

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Bluebook (online)

83 A.D.2d 607, 441 N.Y.S.2d 813, 1981 N.Y. App. Div. LEXIS 14895, Counsel Stack Legal Research, https://law.counselstack.com/opinion/person-v-noya-cab-corp-nyappdiv-1981.