MATTER OF MIRANDA v. CITY OF NEW YORK


81 A.D.2d 792 (1981)

In the Matter of Esperanza Miranda, Appellant, v. City of New York, Respondent

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

May 21, 1981


Although this motion was made 18 months after the joinder of issue, we are of the view that amendment of the ad damnum clause from $10,000 to $250,000 and removal of the action from the Civil Court to the Supreme Court, New York County, should have been permitted. The accident occurred on October 31, 1977 when plaintiff allegedly slipped and fell on the sidewalk on Oliver Street, Manhattan, by reason of the protrusion of a metal pole above the surface of the sidewalk...

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