Earner v. Shook

Order unanimously affirmed, with costs. Memorandum: In this personal injuries action defendant appeals from an order of Special Term which granted plaintiffs motion to increase the ad damnum clause from the sum of $75,000 to $250,000. A bill of particulars was served by plaintiff on January 12, 1973; a supplemental bill was served on December 18, 1973 and a further bill was served on February 27, 1975, all of them containing language which, fairly construed, alerted the defendant to the likelihood of a demand for increased damages. CPLR 3025 (subd [b]) provides: "(b) * * * A party may amend…