Finn v. Crystal Beach Transit Co.

Order unanimously affirmed, without costs. Memorandum: Permission to increase the ad damnum clause in an action for damages for personal injuries lies within the sound discretion of the court (Cox v New York Tel. Co., 10 AD2d 565; cf. Soulier v Harrison, 21 AD2d 725). In determining sound discretion, prejudice to the defendant is a consideration (Boehm v Ekco Prods. Co., 47 AD2d 807; Matter of McNally v Mosbacher, 36 AD2d 522; Ryan v Collins, 33 AD2d 966). Where knowledge is had by defendant of the nature of injuries sustained by plaintiff, delay alone in seeking amendatory ad damnum relief…