Jimenez v. Seickel & Sons

Order entered May 14, 1964, granting plaintiff’s motion to amend and increase the ad damnum clause from $100,000 to $500,000, unanimously reversed, on the law, on the facts and in the exercise of discretion, with $30 costs and disbursements to defendant-appellant, and the motion denied. To permit the substantial increase of the ad damnum clause sought by plaintiff requires a prima facie showing of the inadequacy of the demand in the complaint supported by a physician’s affidavit demonstrating with some degree of specificity the nature of the plaintiff’s injuries, their prospective…