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PACHECO v. NEW YORK CITY TRANSIT AUTH.

223 A.D.2d 494 (1996)

637 N.Y.S.2d 927

Abel Pacheco, Respondent, v. New York City Transit Authority, Appellant

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

January 30, 1996

The IAS Court properly granted plaintiff's motion to increase the ad damnum clause since there was no prejudice to defendant (see, Loomis v Civetta Corinno Constr. Corp., 54 N.Y.2d 18). The belatedness of the amendment and the exposure of defendant to greater liability do not, standing alone, constitute cognizable prejudice (Dolan v Garden City Union Free School Dist.,

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