Opinion
October 10, 1961
Order entered on July 17, 1961, granting plaintiffs' motion to increase the amounts sought in the ad damnum clause of the complaint affirmed, with $20 costs and disbursements to the respondents. The defendants have failed to show any substantial prejudice as was shown by the defendant in the case of Cox v. New York Tel. Co. ( 10 A.D.2d 565).
Concur — Botein, P.J., Breitel and Rabin, JJ.; Valente and McNally, JJ., dissent and vote to reverse and deny the motion on the authority of Cox v. New York Tel. Co. ( 10 A.D.2d 565).