Southwell v. New York City Transit Authority

OPINION OF THE COURT

Benjamin F. Nolan, J.

This negligence action was brought in Bronx County to recover $100,000 in money damages for personal injuries. By subsequent order of the Supreme Court, it was transferred to the Civil Court pursuant to CPLR 325 (subd [d]) thus retaining the original ad damnum in the Civil Court. Plaintiff, thereafter, brought this motion to amend his complaint to increase the ad damnum to $500,000. His supporting papers adequately *207demonstrate aggravation of a pre-existing arthritic condition and his consequent inability to work; but, defendant contends that the motion…