From Casetext: Smarter Legal Research

Lovette v. Glassman

Appellate Division of the Supreme Court of New York, First Department
May 19, 1970
34 A.D.2d 769 (N.Y. App. Div. 1970)

Opinion

May 19, 1970


Order entered January 27, 1970 granting plaintiff's motion to amend her complaint by increasing the ad damnum clause unanimously reversed, on the law, on the facts and in the exercise of discretion, with $30 costs and disbursements to appellant, and the motion denied. More than a year and a half after the accident befalling her, plaintiff commenced her action. A year and a half thereafter she served her bill of particulars. Then, some months later and three and a half years after the inception of her action, plaintiff sought to increase her damage claim six-fold, from $25,000 to $150,000. Her papers in support of her application are wholly insufficient. They are devoid of any facts which disclose the merits of her case and they do not establish the existence of new injuries or the appearance of sequelae. The medical proof, moreover, fails to demonstrate that the $25,000 originally sought is inadequate to cover plaintiff's injuries. ( Tooley v. Howard Johnson's Inc., 29 A.D.2d 930; Kind v. Serebreny, 28 A.D.2d 988; Jiminez v. Seickel Sons., 22 A.D.2d 643; Ferrari v. Paramount Plumbing Heating Co., 20 A.D.2d 878.)

Concur — Eager, J.P., Steuer, Tilzer and Bastow, JJ.


Summaries of

Lovette v. Glassman

Appellate Division of the Supreme Court of New York, First Department
May 19, 1970
34 A.D.2d 769 (N.Y. App. Div. 1970)
Case details for

Lovette v. Glassman

Case Details

Full title:CARINA LOVETTE, Respondent, v. MAX GLASSMAN, Appellant

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: May 19, 1970

Citations

34 A.D.2d 769 (N.Y. App. Div. 1970)

Citing Cases

Moeller v. Astor Chocolate Corp.

The defense — that in May 1988 the parties entered into a second agreement pursuant to which the plaintiff…

La Liberty v. Cosmai

Thus plaintiffs have failed to show newly acquired facts which recently came to their attention.…