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WESLEY v. BINGEL

55 A.D.2d 1010 (1977)

Kenneth R. Wesley, Respondent, v. Robert Bingel, Jr., et al., Appellants

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

January 14, 1977

Order unanimously affirmed, with costs.

Memorandum:

The nature and extent of plaintiff's injuries as well as the fact that he under-went two operations on his back were fully known by defendants long before plaintiff sought leave to amend his complaint by increasing the ad damnum clause. Under these circumstances and absent prejudice to defendants the grant of such leave was proper. (Barner v Shook

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