Wybaillie v. Majesty Carting Co.

Order, Supreme Court, Bronx County, entered August 2, 1977, which granted plaintiff leave to increase the ad damnum clause of his complaint from $50,000 to $250,000 and to serve an amended bill of particulars, unanimously reversed, on the law, on the facts and in the exercise of discretion, and the motion denied. Appellants shall recover of respondent $40 costs and disbursements of this appeal. On this record no excuse is offered by plaintiff for the delay in seeking to increase the ad damnum clause of his complaint. A period of some two and one-half years had elapsed after the second…