MCGINNESS v. ROSEN


99 Misc.2d 232 (1979)

James W. McGinness, Plaintiff, v. Julius Rosen, Defendant.

Supreme Court, Special Term, Queens County.

April 3, 1979


Attorney(s) appearing for the Case

Leland Stuart Beck for defendant. Malone, Dorfman & Tauber, P. C., for plaintiff.


MARTIN RODELL, J.

This action founded in podiatry malpractice was commenced by service of a summons and verified complaint. The said complaint includes an ad damnum clause containing a demand for judgment against the defendant in the sum of $500,000 together with the costs and disbursements of the action.

The defendant, contending that said ad damnum clause is violative of CPLR 3017 (subd [c]), moves to strike the complaint.

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