Opinion
September 21, 1970
In a negligence action to recover damages for personal injuries, plaintiff appeals from an order of the Supreme Court, Suffolk County, dated March 24, 1970, which denied plaintiff's motion for leave to serve a supplemental and amended bill of particulars and to increase the ad damnum clause of his complaint from $35,000 to $150,000. Order reversed, without costs, and motion granted. The proposed supplemental and amended bill of particulars shall be served within 20 days after entry of the order hereon. In our opinion it was an improvident exercise of discretion to deny the motion. Christ, P.J., Latham, Kleinfeld, Brennan and Benjamin, JJ., concur.