De Cell v. City of New York

Full title: BRUCE DE CELL, Respondent, v. CITY OF NEW YORK et al., Defendants, and…

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Feb 2, 1987

127 A.D.2d 557 (N.Y. App. Div. 1987)

Opinion

February 2, 1987

Ordered that the order is affirmed, with costs.

Based on the facts of this case, we conclude that Special Term did not abuse its discretion in granting the plaintiff's motion to amend his bill of particulars to allege additional injuries and to increase the ad damnum clause of the complaint (see, CPLR 3025 [b]; Dolan v. Garden City Union Free School Dist., 113 A.D.2d 781). Niehoff, J.P., Rubin, Lawrence and Sullivan, JJ., concur.