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WALSH v. WILKIE

20 A.D.2d 634 (1964)

William Walsh, Respondent, v. Richard Wilkie et al., Defendants, De Luxe Auto Body, Inc., et al., Respondents, and George Rosenberg, Appellant

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

January 30, 1964

Judgment entered in plaintiff's favor unanimously reversed on the law and in the exercise of discretion, and a new trial ordered, with costs to abide the event.

In the circumstances of this case, the post-verdict granting of plaintiff's motion to increase the ad damnum clause of the complaint was an improvident exercise of discretion. (See Natale v. Pepsi-Cola Co., 7 A.D.2d 282, 284, 285.) It should also be noted that...

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