Battaglia v. Elliott Development Corp.

In a negligence action to recover damages for personal injuries, defendants appeal from an order of the 'Supreme Court, Kings County, dated October 17, 1969, which (1) granted plaintiff’s oral motion at Trial Term to amend the complaint so as to increase the ad damnum of the complaint from $150,000 to $1,000,000, (2) directed a further physical examination and an examination before trial of plaintiff and (3) adjourned the trial of the action. Order reversed, with $10 costs and disbursements, and motion denied, without prejudice to renewal of the motion as hereinafter indicated, if plaintiff…