Raus v. White Plains Hospital

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Westchester County (Buell, J.), entered December 15, 1988, which granted the defendant’s motion pursuant to CPLR 3017 (c) to strike the ad damnum clause from the complaint on the ground that the action sounds in medical malpractice.

Ordered that the order is affirmed, with costs.

The Supreme Court acted properly in striking the ad damnum clause of the plaintiff’s complaint pursuant to CPLR 3017 (c) on the basis that the plaintiff’s claim against the defendant hospital sounded in…