Vigo v. New York Hospital

OPINION OF THE COURT

Edward J. Greenfield, J.

The question presented in this motion by doctor and hospital defendants to strike the ad damnum clauses in each of the 10 causes of action asserted is one of far-reaching application and increasing importance to the bar.

While CPLR 3017 has been amended to eliminate ad damnum clauses in malpractice actions, and effective June 30, 1981 against municipalities, the statute is silent as to whether references can be made in a complaint to a specified sum of damages when there are alternative causes of action set forth, or where there are multiple…