Opinion
5475
December 4, 2001.
Order, Supreme Court, New York County (Richard Lowe III, J.), entered September 21, 2000, which, insofar as appealed from as limited by the briefs, denied plaintiffs' motion to remove the action from Civil Court to Supreme Court and amended the complaint so as to increase the ad damnum clause from $25,000 to $1 million, unanimously affirmed, without costs.
Peter B. Croly, for plaintiffs-appellants.
Lawrence R. Miles, for defendants-respondents.
Rosenberger, J.P., Nardelli, Mazzarelli, Wallach, Marlow, JJ.
The motion was properly denied for lack of a recent medical affidavit setting forth the nature of plaintiff's injury and its present and future extent and consequences, and whether such were not previously apparent or considered (see, Detrinca v. De Fillippo, 165 A.D.2d 505, 511). We reject plaintiffs' attorneys' argument that the inadequacy of the demand is apparent from the medical reports dated shortly after the accident almost three years before the instant motion was made. We also find the proposed addendum of a derivative cause of action on behalf of a new party to be prejudicial to defendant.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.