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BIRD v. BD. OF EDUC. OF NORTH COLONIE CENT. SCH.

29 A.D.2d 812 (1968)

Adaleda Bird, an Infant, by Her Guardian ad Litem, Le Roy Bird, et al., Respondents, v. Board of Education of North Colonie Central Schools, et al., Defendants, and Fred Medart Products, Inc., Appellant

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

February 16, 1968

STALEY, JR., J.

"It is now well established that permission to increase the ad damnum clause in an action for damages for personal injuries lies within the sound discretion of the court." (Soulier v. Harrison, 21 A.D.2d 725.) "Defendant's charge of mere delay, without resultant prejudice, presents no valid reason for depriving plaintiff of an opportunity to seek a full redress for the wrong inflicted,...

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