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Wesley v. Bingel

55 A.D.2d 1010, 391 N.Y.S.2d 231, 1977 N.Y. App. Div. LEXIS 10338
CourtAppellate Division of the Supreme Court of the State of New York
DecidedJanuary 14, 1977
StatusPublished
Cited by3 cases

This text of 55 A.D.2d 1010 (Wesley v. Bingel) 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
Wesley v. Bingel, 55 A.D.2d 1010, 391 N.Y.S.2d 231, 1977 N.Y. App. Div. LEXIS 10338 (N.Y. Ct. App. 1977).

Opinion

Order unanimously affirmed, with costs. Memorandum: The nature and extent of plaintiff’s injuries as well as the fact that he under[1011]*1011went two operations on his back were fully known by defendants long before plaintiff sought leave to amend his complaint by increasing the ad damnum clause. Under these circumstances and absent prejudice to defendants the grant of such leave was proper. (Barner v Shook, 51 AD2d 855.) Although plaintiff did not submit medical affidavits in support of his motion, he did include letters from the attending physicians which fulfilled the same purpose. (Appeal from order of Erie Supreme Court — ad damnum clause.) Present — Moule, J. P., Cardamone, Simons, Dillon and Goldman, JJ.

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Related

Rosenberg v. New York University Hospital
128 Misc. 2d 90 (New York Supreme Court, 1985)
Drechsel v. Loblaw, Inc.
64 A.D.2d 1022 (Appellate Division of the Supreme Court of New York, 1978)
Smart v. Wozniak
58 A.D.2d 993 (Appellate Division of the Supreme Court of New York, 1977)

Cite This Page — Counsel Stack

Bluebook (online)
55 A.D.2d 1010, 391 N.Y.S.2d 231, 1977 N.Y. App. Div. LEXIS 10338, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wesley-v-bingel-nyappdiv-1977.