WYBAILLIE v. MAJESTY CARTING CO.


60 A.D.2d 826 (1978)

Louis Wybaillie, Respondent, v. Majesty Carting Company et al., Appellants

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

January 26, 1978


Unanimously reversed, on the law, on the facts and in the exercise of discretion, and the motion denied. Appellants shall recover of respondent $40 costs and disbursements of this appeal.

On this record no excuse is offered by plaintiff for the delay in seeking to increase the ad damnum clause of his complaint. A period of some two and one-half years had elapsed after the second accident before plaintiff initially sought to increase the ad damnum. As...

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