Ryan v. Schmidt

Appellate Division of the Supreme Court of New York

Ryan v. Schmidt

42 A.D.2d 826, 346 N.Y.S.2d 792, 1973 N.Y. App. Div. LEXIS 3878

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

DecidedJuly 6, 1973

StatusPublished

Cited by3 cases

This text of 42 A.D.2d 826 (Ryan v. Schmidt) 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

Ryan v. Schmidt, 42 A.D.2d 826, 346 N.Y.S.2d 792, 1973 N.Y. App. Div. LEXIS 3878 (N.Y. Ct. App. 1973).

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Opinion

Order unanimously reversed, without costs, and motion denied. Memorandum: Plaintiff makes no allegation of any increased expense or of any injury or condition not known to exist when the original pleading was prepared. In asserting that a reassessment of the special damages and medical proof leads him to the conclusion that the ad damnum clause should be increased, plaintiff’s attorney offers no reasonable excuse for his long delay in making the motion which was over three years from the date of the accident and two years after the case was certified as ready for trial. The granting by Special Term of the motion to remove the action to Supreme Court and to amend the complaint by increasing the ad damnum clause from $6,000 to $25,000 was an improvident exercise of its discretion (see McCall v. Village of Penn Tan, 39 A D 2d 632). (Appeal from order of Erie Special Term removing negligence action to Supreme Court.) Present — Marsh, J. P., Witmer, Cardamone, Simons and Henry, JJ.

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Order unanimously reversed, without costs, and motion denied. Memorandum: Plaintiff makes no allegation of any increased expense or of any injury or condition not known to exist when the original pleading was prepared. In asserting that a reassessment of the special damages and medical proof leads him to the conclusion that the ad damnum clause should be increased, plaintiff’s attorney offers no reasonable excuse for his long delay in making the motion which was over three years from the date of the accident and two years after the case was certified as ready for trial. The granting by Special Term of the motion to remove the action to Supreme Court and to amend the complaint by increasing the ad damnum clause from $6,000 to $25,000 was an improvident exercise of its discretion (see McCall v. Village of Penn Tan, 39 A D 2d 632). (Appeal from order of Erie Special Term removing negligence action to Supreme Court.) Present — Marsh, J. P., Witmer, Cardamone, Simons and Henry, JJ.

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Bluebook (online)

42 A.D.2d 826, 346 N.Y.S.2d 792, 1973 N.Y. App. Div. LEXIS 3878, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ryan-v-schmidt-nyappdiv-1973.

Opinion

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