[Download] "Fairies London Et Al. v. Gilbert Moore Et Al." by Supreme Court of New York # Book PDF Kindle ePub Free

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eBook details

• Title: Fairies London Et Al. v. Gilbert Moore Et Al.
• Author : Supreme Court of New York
• Release Date : January 14, 1969
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 63 KB

Description

The motion papers are deficient in that they do not contain (1) a proper showing by a doctor's affidavit of (a) a causal connection
between the injury and the accident and (b) a consistent course of treatment for the accident-caused injuries (Northern Ins.
Co. of N. Y. v. Kregsman, 26 A.D.2d 648) and (2) an affidavit by plaintiffs Moore "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 [plaintiffs] and excusing the failure or negligence necessitating the amendment so far as these facts are within the knowledge
of the [plaintiffs]" (Koi v. P. S. & M. Catering Corp., 15 A.D.2d 775, 776). Although the alleged aggravation of Carol
Moore's condition was diagnosed in 1965, the motion to remove the actions, etc., was not made until 1967. Failure to explain
this delay may be indicative of laches on the part of plaintiffs Moore. Disposition Order dated March 19, 1968, reversed, on the law and the facts, without costs, and said motion denied, without
prejudice to renewal upon a proper showing by (1) a doctor's affidavit of (a) a causal connection between the allegedly increased
injury and the accident sued upon and (b) a course of treatment between the last date in 1963 when plaintiff Carol Moore was
treated for the accident-caused injuries and the date in 1965 when the herniated disc condition was first diagnosed; and (2)
an affidavit by plaintiffs Moore as to the merits of the case and the delay in making their motion. Appeal from order dated
June 20, 1967 dismissed as academic, without costs. That order was superseded by the order of March 19, 1968.

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