Dries v. Gregor

Motions were made by the above-named defendants to strike the ad damnum clause of plaintiffs’ complaint pursuant to the provisions of CPLR 3017 (subd [c]) so as to eliminate the amount of damages to which the plaintiffs deem themselves entitled.

Dr. Prahladkumar J. Agarwal is employed by defendant, Mercy Hospital of Watertown, and also conducts a private practice. Dr. David G. Gregor and Dr. Alan Henderson are private practitioners.

CPLR 3017 (subd [c]) became effective on August 26, 1976 which date was prior to the date of service of the complaint, except for the defendant, Alan Henderson,…