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Reszenski v. Fairfax Arms Corp.

51 A.D.2d 528, 379 N.Y.S.2d 373, 1976 N.Y. App. Div. LEXIS 10747
Appellate Division of the Supreme Court of the State of New York·Decided January 27, 1976·Published

Opinion

Order, Supreme Court, New York County, entered October 9, 1975, which, inter alia, granted the motion to increase the ad damnum clauses from $750,000 to $2,000,000, unanimously reversed insofar as appealed from, on the law and the facts and in the exercise of discretion, and the ad damnum clauses restored to $750,000, without costs or disbursements. The ad damnum clauses had just been increased on motion of the plaintiff in December, 1974 to $750,000. On February 28, 1975 plaintiff committed suicide. The present application for a further increase to $2,000,-000 does not contain the requisite factual showing to warrant an additional drastic increase in damages (Galarza v Alcoa S. S. Co., 34 AD2d 907). Concur —Lupiano, J. P., Birns, Capozzoli, Lane and Nunez, JJ.

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Reszenski v. Fairfax Arms Corp., 51 A.D.2d 528, 379 N.Y.S.2d 373, 1976 N.Y. App. Div. LEXIS 10747 (N.Y. Ct. App. 1976).

51 A.D.2d 528 (Reszenski v. Fairfax Arms Corp.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Galarza v. Alcoa Steamship Co.
34 A.D.2d 907 (Appellate Division of the Supreme Court of New York, 1970)