Appellate Division of the Supreme Court of New York, 1977

Decalo v. Wearing Apparel Trucking Co. Inc.

Decalo v. Wearing Apparel Trucking Co. Inc.
Appellate Division of the Supreme Court of New York · Decided June 27, 1977
58 A.D.2d 640; 396 N.Y.S.2d 46; 1977 N.Y. App. Div. LEXIS 12716
Decalo v. Wearing Apparel Trucking Co. Inc.

Opinion

— In a negligence action to recover damages for personal injuries, plaintiff appeals from an order of the Supreme Court, Queens County, entered June 16, 1976, which denied her motion: (1) to remove the action to that court from the Civil Court of the City of New York; (2) to increase the ad damnum clause of the complaint; and (3) for leave to serve a supplemental complaint nunc pro tunc. Order reversed, without costs or disbursements, and motion granted. Plaintiff’s papers show that she may have a meritorious cause of action and that the delay did not prejudice the defendant (cf. Darrow v Delñno Crescenzo & Sons, 55 AD2d 635). Hopkins, J. P., Hargett, Shapiro and Suozzi, JJ., concur.

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