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VITIELLO v. CONSOL. EDISON CO. OF NEW YORK, INC.

51 A.D.2d 523 (1976)

Carolina Vitiello et al., Plaintiffs, v. Consolidated Edison Company of New York, Inc., et al., Defendants. (Action No. 1.) Consolidated Edison Company of New York, Inc., Third-Party Plaintiff, v. Charles Casa & Sons, Inc., Third-Party Defendant. (Action No. 2.) Louise Marencik, as Administratrix of The Estate of Elene Marencik, Deceased, et al., Appellants, v. Consolidated Edison, Inc., et al., Respondents. (Action No. 3.)

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

January 22, 1976

There is no showing of facts warranting the increase in the ad damnum clause; the information now in said plaintiff's possession is essentially the same as the information in plaintiff's possession when the complaint was served. The motion to increase the ad damnum was made over three years later and after a jury had been selected. In the meantime, defendant Consolidated Edison has perhaps been prejudiced because, relying upon a limited indemnification agreement...

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