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COX v. NEW YORK TEL. CO., INC.

10 A.D.2d 565 (1960)

Thomas Cox, Respondent, v. New York Telephone Company, Inc., et al., Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

January 26, 1960

Order unanimously reversed on the law and on the facts and in the exercise of discretion, with $20 costs and disbursements to the appellants, and the motion to amend the complaint by increasing the ad damnum clause denied, with $10 costs.

Permission to increase the ad damnum clause in an action for damages for personal injuries lies within the sound discretion of the court. (Natale v. Pepsi-Cola Co., 7 A.D.2d 282

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