Appellate Division of the Supreme Court of New York, 1967

McKain v. Elevator Maintenance of Buffalo, Inc.

McKain v. Elevator Maintenance of Buffalo, Inc.
Appellate Division of the Supreme Court of New York · Decided June 29, 1967
28 A.D.2d 817; 281 N.Y.S.2d 538; 1967 N.Y. App. Div. LEXIS 3693
McKain v. Elevator Maintenance of Buffalo, Inc.

Opinion of the Court

Memorandum: Plaintiff, on the trial, was permitted over objection, to offer proof with reference to a fracture in the area of the plateau of the tibia involving the knee, and special damages relating thereto. The alleged injury was a serious one and represented a substantial part of plaintiff’s claim for damages. Such evidence was improperly received in the absence of any reference thereto in plaintiff’s bill of particulars. (Appeal from judgment of Erie Trial Term in a negligence action.) Present — Williams, P. J., Bastow, Goldman, Henry and Marsh, JJ.

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