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McCALLISTER v. KAPADIA

179 A.D.2d 802 (1992)

Crystal McCallister, an Infant, by Her Mother and Natural Guardian, Diane McCallister, et al., Appellants, v. Jatin Kapadia, Respondent

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

January 27, 1992

Ordered that the order is reversed, as a matter of discretion, with costs, the plaintiffs' motion is granted, and the complaint is amended so as to demand judgment in the sum of $3,000,000, instead of the sum of $750,000, with respect to the first cause of action.

The plaintiffs' motion to increase the ad damnum clause was supported by proof with respect to the severity of the injuries for which compensation is sought, and...

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