Mykulak v. New York Journal American

Judgment, Supreme Court, New York County, entered on June 29, 1973, unanimously affirmed. Respondent shall recover of appellant $60 costs and disbursements of this appeal. Concur — McGivern, P. J., Murphy and Lane, JJ.; Markewieh and Kupferman, JJ., concur in the following memorandum by Markewieh, J.: I concur in the result of affirmance, but here again we find an instance of increase of ad damnum granted by the court at the moment of trial, not upon the usually required papers (see, e.g., Koupash v. Grand Union Co., 34 A D 2d 695), but on oral application based solely upon service of a…