NICKS v. JOSEPH


81 A.D.2d 788 (1981)

Mary Nicks, Appellant-Respondent, v. Lawrence M. Joseph et al., as Administrator, C. T. A. of The Estate of Samuel Klein, Deceased, et al., Respondents-Appellants and Third-Party Plaintiffs-Respondents-Appellants. Klein's Department Stores, Inc., et al., Third-Party Defendants-Respondents-Appellants

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

May 19, 1981


Subsequent to the trial of the liability issue, which was determined in her favor, and almost on the eve of the damage trial, plaintiff moved to amend the ad damnum from $200,000 to $500,000, an increase of 150%. The injury claimed as justification for the increase was known for at least three and one-half years and no excuse was offered for the inordinate delay in making the application. In such circumstances it was inappropriate to grant the application. Moreover...

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