Silverman v. Neptune Furniture Westbury Corp.

Appellate Division of the Supreme Court of New York

Silverman v. Neptune Furniture Westbury Corp.

69 A.D.2d 834, 414 N.Y.S.2d 1016, 1979 N.Y. App. Div. LEXIS 11509

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

DecidedApril 9, 1979

StatusPublished

This text of 69 A.D.2d 834 (Silverman v. Neptune Furniture Westbury 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

Silverman v. Neptune Furniture Westbury Corp., 69 A.D.2d 834, 414 N.Y.S.2d 1016, 1979 N.Y. App. Div. LEXIS 11509 (N.Y. Ct. App. 1979).

Pincite

Opinion

In a negligence action to recover damages for personal injuries, etc., plaintiffs appeal from an order of the Supreme Court, Nassau County, entered May 17, 1978, which denied their motion to renew their prior motion to increase the ad damnum clause. Order reversed, with $50 costs and disbursements, motion to renew granted and upon renewal, order denying a motion to increase the ad damnum clause vacated and said motion granted. Defendants, if so advised, may conduct a further examination before trial and a further physical examination of plaintiff Philip Silverman, upon 10 days’ written notice of the time and place of the respective examinations, or at such times and places as the parties may agree upon. We find no prejudice to defendants inasmuch as Special Term granted leave to the plaintiffs to amend their bill of particulars so as to show more severe injuries. Rabin, J. P., Shapiro, Cohalan and Martuscello, JJ., concur.

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In a negligence action to recover damages for personal injuries, etc., plaintiffs appeal from an order of the Supreme Court, Nassau County, entered May 17, 1978, which denied their motion to renew their prior motion to increase the ad damnum clause. Order reversed, with $50 costs and disbursements, motion to renew granted and upon renewal, order denying a motion to increase the ad damnum clause vacated and said motion granted. Defendants, if so advised, may conduct a further examination before trial and a further physical examination of plaintiff Philip Silverman, upon 10 days’ written notice of the time and place of the respective examinations, or at such times and places as the parties may agree upon. We find no prejudice to defendants inasmuch as Special Term granted leave to the plaintiffs to amend their bill of particulars so as to show more severe injuries. Rabin, J. P., Shapiro, Cohalan and Martuscello, JJ., concur.

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Bluebook (online)

69 A.D.2d 834, 414 N.Y.S.2d 1016, 1979 N.Y. App. Div. LEXIS 11509, Counsel Stack Legal Research, https://law.counselstack.com/opinion/silverman-v-neptune-furniture-westbury-corp-nyappdiv-1979.