Levine v. City of New York

In a negligence action to recover damages for personal injuries, etc., plaintiffs appeal from an order of the Supreme Court, Kings County, dated April 2, 1980, which denied their motion to increase the ad damnum clause of the complaint. Order reversed, with $50 costs and disbursements, and plaintiffs’ motion is granted. Since plaintiffs’ motion to amend the ad damnum was based solely upon an update and re-evaluation of the original injuries, it was an abuse of discretion for Special Term to deny the motion on the ground that plaintiffs’ medical affidavits had failed to show "sufficient…