McCall v. Village of Penn Yan

Order unanimously reversed, without costs, and motion to amend the amended complaint by increasing the ad damnum clause denied. Memorandum: Not only was no medical affidavit submitted by plaintiff but no showing was made as to the ¡merits of the case or explanation or excuse given for the long delay in making the motion which was over four years from the date of the accident, three years from the commencement of the action, a year from the substitution of counsel and after the ease was certified as ready for trial by the filing of a certificate of readiness. The only matter affecting the…