David v. Astrologo

Order (denominated a judgment), Supreme Court, New York County (Kibbie F. Payne, J), entered on or about May 13, 2004, which denied plaintiff Rosalie David’s motion to remove and transfer the action from New York City Civil Court, New York County, to the Supreme Court, New York County, and to *252increase the ad damnum clause from $25,000 to $1,000,000 with respect to her claim of negligence, without prejudice to renewal upon adequate papers, unanimously affirmed, without costs.

While leave to amend shall be freely given in the absence of prejudice, plaintiff failed to submit an affidavit of merit…