BARKER v. GOODE


85 A.D.2d 922 (1981)

Francis Barker, Appellant, v. John J. Goode et al., Respondents

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

December 23, 1981


Order unanimously reversed, with costs, and motion granted.

Memorandum:

Plaintiff's motion to increase the ad damnum clause in his action for personal injury from $25,000 to $150,000 should have been granted. Where a motion to increase the ad damnum clause is made on the eve of trial, plaintiff should submit affidavits showing that the demand in the complaint is inadequate, that the increase is warranted by reason of a recent discovery of additional...

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