Groeber v. New York City Transit Authority

This is a motion by the plaintiff to amend her notice of claim and the complaint to increase the damages demanded.

The accident occurred in March, 1960. The complaint was served in April, 1961. While the plaintiff seems to me to have been aware of the extent of her injuries prior to the service of her complaint, the defendant has not, in my opinion, been prejudiced by the plaintiff’s failure to anticipate the damages she would likely suffer.

The defendant relies upon the case of Natale v. Pepsi-Cola Co. (7 A D 2d 282) wherein the Appellate Division held that, where “ the increase in the ad…