We note that the order of June 6, 1976 of Special Term provided for an amendment of the bill of particulars to increase the appellant's claimed loss of earnings to $240,000. This order also accepted an increased claim of $1,000,000 as damages alleged. In this posture it is inconsistent and an improvident exercise of discretion for Special Term upon reargument, in its order entered November 30, 1976 to deny appellant's motion to increase the ad damnum clause and restrict...
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