MESSINA v. PORTOBELLO


112 A.D.2d 923 (1985)

Salvatore Messina, Jr., et al., Respondents, v. Vincent Portobello et al., Appellants

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

August 5, 1985


Order affirmed, with costs.

Upon a review of the record, we conclude that Special Term did not abuse its discretion in granting plaintiffs' motion seeking to increase the ad damnum clause in their complaint and transferring the action from the Civil Court to the Supreme Court. The application, which was based on a reevaluation or update of the injuries sustained by plaintiff Mildred Messina in the underlying accident, was properly granted in the absence of a showing...

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