Appellate Division of the Supreme Court of New York, 1975

Mace v. Pearlman

Mace v. Pearlman
Appellate Division of the Supreme Court of New York · Decided March 25, 1975
47 A.D.2d 818; 367 N.Y.S.2d 463; 1975 N.Y. App. Div. LEXIS 9153
Mace v. Pearlman

Opinion of the Court

Order, Supreme Court, Bronx County, entered September 16, 1974, unanimously modified, in the exercise of discretion, to the extent of granting the motion of plaintiff-appellant to increase the ad damnum clause of the complaint and otherwise affirmed, without costs and without disbursements. No change is made in any of the issues by the granting of this motion. It was timely made on the basis of recently acquired additional information, and the Statute of Limitations on the claim has not run. It would be time wasting to relegate plaintiff to the institution of a new action. Concur — Stevens, J. P., Markewich, Tilzer, Capozzoli and Nunez, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.