Hemmerick v. City of Rochester

Order unanimously modified in accordance with memorandum and, as modified, affirmed, without costs. Memorandum: Defendants appeal from an order, granted on the eve of trial, permitting plaintiff Rose Barrows to amend her complaint to increase .the ad damnum clause from $100,000 to $500,000 and permitting plaintiff John Barrows to increase his ad damnum clause from $25,000 to $100,000. The note of issue was filed in the Barrows action on September 5, 1974 and a statement of readiness on May 1, 1975. The case had been at the head of the Trial Calendar for some months and on September 15, 1976…