- Bookmark
- Share
- CaseIQ
CHIMENTO v. DeMATTEIS ORGANIZATION, INC
Ordered that the order is reversed, on the law and in the exercise of discretion, with costs, and the motion is denied.
A motion for leave to increase the amount demanded in an ad damnum clause based upon a claim of increased injuries must be accompanied by a doctor's affidavit or affirmation showing a causal connection between the injury and a consistent course of treatment for the accident-caused injuries (Dolan v Garden City Union Free School Dist., 113 A.D.2d 781, 785). The plaintiff failed to satisfy that requirement, as he submitted a doctor's report, rather than a doctor's affidavit or affirmation in support of his motion. In any event, the doctor's report failed to sufficiently show a causal connection between the plaintiff's "new injuries," which include substance abuse, and the accident or treatment for the accident-caused injuries. Brown, J.P., Eiber, Balletta and Rosenblatt, JJ., concur.
Alert