Thomas v. United Parcel Service

Order, Supreme Court, Bronx County, entered May 31, 1977, denying plaintiff’s motion to increase the ad damnum clause from $150,000 to $400,000, unanimously reversed, in the exercise of discretion, without costs or disbursements, and the motion granted, with leave to defendants to conduct a further physical examination of plaintiff. Although this motion was made three months after the filing of the note of issue and three years after joinder of issue, we are of the view that amendment of the ad damnum clause should have been permitted. Four years after the accident, plaintiff is still…