[DOWNLOAD] "Giuseppi Ferrari v. Paramount Plumbing & Heating Co." by Supreme Court of New York # eBook PDF Kindle ePub Free
eBook details
- Title: Giuseppi Ferrari v. Paramount Plumbing & Heating Co.
- Author : Supreme Court of New York
- Release Date : January 21, 1964
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 69 KB
Description
To permit the substantial increase of the ad damnum clause sought on this motion requires the submission of a physicians affidavit which demonstrates with some degree of specificity the nature of the plaintiffs injuries, their prospective consequences, the resulting disabilities and the causal relationship between such disabilities and the original injuries sustained. The medical affidavit here submitted is fatally deficient in these respects. In addition, it is necessary on an application of this nature that there be submitted an affidavit of merits "showing the merits of the case, the reasons for the delay and the fact that the increase is warranted by reason of facts which have recently come to the attention of the plaintiff and excusing the failure or negligence necessitating the amendment so far as these facts are within the knowledge of the plaintiff" (Koi v. P. S. & M. Catering Corp., 15 A.D.2d 775). No such affidavit has been submitted. While the instant application is deficient in the above respects, we deem it advisable, however, in the light of the apparent serious and progressive nature of the plaintiffs injuries, the prior notice of intention to seek an amendment of the ad damnum clause and in the over-all interest of justice, to afford the plaintiff an opportunity to renew his application upon proper papers if he so desires.