Wilkinson v. British Airways

Appellate Division of the Supreme Court of New York

Wilkinson v. British Airways

304 A.D.2d 505, 758 N.Y.S.2d 642, 2003 N.Y. App. Div. LEXIS 4491

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

DecidedApril 29, 2003

StatusPublished

This text of 304 A.D.2d 505 (Wilkinson v. British Airways) 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

Wilkinson v. British Airways, 304 A.D.2d 505, 758 N.Y.S.2d 642, 2003 N.Y. App. Div. LEXIS 4491 (N.Y. Ct. App. 2003).

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Opinion

Order, Supreme Court, New York County (Leland De-Grasse, J.), entered December 13, 2002, which, in an action for assault, denied plaintiffs motion to supplement his responses to interrogatories so as to claim aggravation of an ulcer in addition to aggravation of a brain condition and posttraumatic stress disorder, unanimously affirmed, without costs.

Plaintiffs request for leave to allege aggravation of an ulcer, [506]*506made some 19 months after the filing of the note of issue and almost seven years after the alleged assault, was properly denied in the absence of an explanation for the failure earlier to allege the ulcer. This is particularly the case here where the ulcer was treated as far back as 12 years prior to the alleged assault, and was mentioned, but not claimed as an injury, in plaintiffs physician’s previous reports and deposition (see Bertan v Richmond Mem. Hosp. & Health Ctr., 106 AD2d 362 [1984]). Concur — Nardelli, J.P., Andrias, Sullivan, Rosenberger and Wallach, JJ.

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Order, Supreme Court, New York County (Leland De-Grasse, J.), entered December 13, 2002, which, in an action for assault, denied plaintiffs motion to supplement his responses to interrogatories so as to claim aggravation of an ulcer in addition to aggravation of a brain condition and posttraumatic stress disorder, unanimously affirmed, without costs.

Plaintiffs request for leave to allege aggravation of an ulcer, [506]*506made some 19 months after the filing of the note of issue and almost seven years after the alleged assault, was properly denied in the absence of an explanation for the failure earlier to allege the ulcer. This is particularly the case here where the ulcer was treated as far back as 12 years prior to the alleged assault, and was mentioned, but not claimed as an injury, in plaintiffs physician’s previous reports and deposition (see Bertan v Richmond Mem. Hosp. & Health Ctr., 106 AD2d 362 [1984]). Concur — Nardelli, J.P., Andrias, Sullivan, Rosenberger and Wallach, JJ.

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Bluebook (online)

304 A.D.2d 505, 758 N.Y.S.2d 642, 2003 N.Y. App. Div. LEXIS 4491, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wilkinson-v-british-airways-nyappdiv-2003.

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