Burden v. Cadillac Developers Massapequa Corp.

This is a motion to increase the ad damnum clause in a complaint from $25,000 to $100,000, and for leave to serve an amended bill of particulars. The motion was made as the trial was about to commence and the trial was adjourned to permit the same to be made on papers.

It appears that the complaint was served July 8,1953, and the bill of particulars on June 14, 1955. A fracture of the left femur was then claimed. In 1957 the right leg was operated upon and the epiphysis of the right femur removed in order to stunt the growth of the right leg and bring it into balance with the left leg, whose…