[DOWNLOAD] "Mary Brennan v. City New York" by Supreme Court of New York # Book PDF Kindle ePub Free
eBook details
- Title: Mary Brennan v. City New York
- Author : Supreme Court of New York
- Release Date : January 19, 1984
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
Order, Supreme Court, Bronx County (Alfred J. Callahan, J.), entered October 28, 1982, denying the plaintiffs motion for leave to increase the ad damnum clause of the complaint and for a transfer of the action from Civil Court to Supreme Court, affirmed, without prejudice to a new application on submission of proper papers, including an affidavit of merits and a physicians affidavit, without costs or disbursements. Upon review of the record, we find the moving papers palpably insufficient to sustain the requested increase of the ad damnum clause from $25,000 to $250,000 and for a transfer of the action to Supreme Court from the Civil Court, to which the case had previously been transferred pursuant to CPLR 325 (subd [d]). Two prior applications for the same relief were denied, with leave to renew upon correcting the deficiency in plaintiffs submission; the first was improperly brought in the Civil Court, the second was not supported by a recent physical examination of the infant plaintiff. We find the papers submitted on renewal of that motion likewise deficient. Upon such an application, an affidavit of merits is necessary (Koi v P. S. & M. Catering Corp., 15 A.D.2d 775; Ferrari v Paramount Plumbing & Heating Co., 20 A.D.2d 878). The motion should also be supported by a [99 A.D.2d 445 Page 446]