Sylvester v. Stephens
| Decision Date | 13 March 1989 |
| Citation | 148 A.D.2d 523,539 N.Y.S.2d 27 |
| Parties | Charles SYLVESTER, et al., Appellants, v. George STEPHENS, et al., Respondents. |
| Court | New York Supreme Court — Appellate Division |
Gwendolyn D. Black, New York City, for appellants.
Rivkin, Radler, Dunne & Bayh, Uniondale (Frank L. Amoroso and Evan H. Krinick, of counsel; Laura J. Reimer on the brief), for respondents.
Before BROWN, J.P., and EIBER, SULLIVAN and HARWOOD, JJ.
MEMORANDUM BY THE COURT.
In an action to recover damages for personal injuries, etc., the plaintiffs appeal from so much of an order of the Supreme Court, Queens County (Zelman, J.), dated July 10, 1987, as, inter alia, denied their motion for leave to amend the verified complaint to increase the ad damnum clause, and to assert a separate cause of action for punitive damages against the defendant Gould, Inc. The appeal brings up for review so much of an order of the same court, dated October 8, 1987, as, upon reargument, substantially adhered to the original determination (see, CPLR 5517).
ORDERED that the respondents are awarded one bill of costs.
The Supreme Court did not improvidently exercise its discretion in denying that branch of the plaintiffs' motion which was to amend the complaint to increase the ad damnum clause. The record demonstrates that the motion was accompanied by only a two-page hospital emergency room report and failed to include the affidavit of a physician regarding the nature, severity, permanency and causation of the injuries (see, Portnow v. Shelter Rock Public Lib., 125 A.D.2d 382, 509 N.Y.S.2d 106; Dolan v. Garden City Union Free School Dist., 113 A.D.2d 781, 493 N.Y.S.2d 217; Beras v. Beras, 82 A.D.2d 843, 439 N.Y.S.2d 966). Moreover, the plaintiffs' motion papers failed to include "sufficient factual and medical support" (Brennan v. City of New York, 99 A.D.2d 445, 446, 470 N.Y.S.2d 621; see, Portnow v. Shelter Rock Public Lib., supra) to explain the basis for the requested...
To continue reading
Request your trial
-
Dunmore v. Guthrie
...A.D.2d 292, 292, 508 N.Y.S.2d 576 [2d Dept.1986]; Paroff v. Muss, 171 A.D.2d 782, 567N.Y.S.2d 502 [2d Dept 1991]; Sylvester v. Stephens, 148 A.D.2d 523, 524-25, 539 N.Y.S.2d 27 [2d Dept. 1989]). Here, Plaintiffs motion is denied on the basis that the amended complaint seeks to assert a caus......
-
New Hope Missionary Baptist Church, Inc. v. 466 Lafayette Ltd.
...A.D.2d 689, 689, 287 N.Y.S.2d 124 ; see Matter of Carriage Hill v. Lane, 20 A.D.2d 914, 249 N.Y.S.2d 455 ; see also Sylvester v. Stephens, 148 A.D.2d 523, 539 N.Y.S.2d 27 ). RIVERA, J.P., LEVENTHAL, HINDS–RADIX and BRATHWAITE NELSON, JJ., ...
-
Tate v. Metropolitan Life Ins. Co.
...for punitive damages does not exist in this State (see, Paroff v. Muss, 171 A.D.2d 782, 783, 567 N.Y.S.2d 502; Sylvester v. Stephens, 148 A.D.2d 523, 524, 539 N.Y.S.2d 27; Fiesel v. Nanuet Props. Corp., 125 A.D.2d 292, 508 N.Y.S.2d 576). In addition, to the extent that plaintiffs' fifth cau......
-
Dumesnil v. Proctor and Schwartz Inc.
...as a separate cause of action but as an item of damage with respect to his causes of action against defendants (see, Sylvester v. Stephens, 148 A.D.2d 523, 539 N.Y.S.2d 27). Supreme Court granted the motion and this appeal "It is firmly established that leave to amend pleadings under CPLR 3......