Opinion
October 24, 1967
Order, entered on January 17, 1967, unanimously modified on the law, on the facts and in the exercise of discretion to the extent of denying that portion of plaintiffs' motion which sought leave to increase their ad damnum clause, and otherwise affirmed, without costs or disbursements. The medical proof submitted is insufficient to establish that the amount originally sought is not adequate to cover the injuries and damages sustained and no reasonable excuse is offered for the extended delay in moving to amend. Plaintiffs are chargeable with inordinate laches sufficient to bar the relief sought. ( Koi v. P.S. M. Catering Corp., 15 A.D.2d 775.)
Concur — Botein, P.J., Stevens, Capozzoli and McGivern, JJ.