From Casetext: Smarter Legal Research

McCallister v. Kapadia

Appellate Division of the Supreme Court of New York, Second Department
Jan 27, 1992
179 A.D.2d 802 (N.Y. App. Div. 1992)

Opinion

January 27, 1992

Appeal from the Supreme Court, Nassau County (Molloy, J.).


Ordered that the order is reversed, as a matter of discretion, with costs, the plaintiffs' motion is granted, and the complaint is amended so as to demand judgment in the sum of $3,000,000, instead of the sum of $750,000, with respect to the first cause of action.

The plaintiffs' motion to increase the ad damnum clause was supported by proof with respect to the severity of the injuries for which compensation is sought, and the defendant failed to demonstrate that the granting of the motion would cause any substantial prejudice. Under the circumstances of this case, we conclude that the Supreme Court improvidently exercised its discretion in denying the plaintiffs' motion (see generally, Loomis v. Civetta Corinno Constr. Corp., 54 N.Y.2d 18; Messina v Portobello, 112 A.D.2d 923; Gold v. Huntington Town House, 64 A.D.2d 885; Koupash v. Grand Union Co., 34 A.D.2d 695). Thompson, J.P., Bracken, O'Brien and Miller, JJ., concur.


Summaries of

McCallister v. Kapadia

Appellate Division of the Supreme Court of New York, Second Department
Jan 27, 1992
179 A.D.2d 802 (N.Y. App. Div. 1992)
Case details for

McCallister v. Kapadia

Case Details

Full title:CRYSTAL McCALLISTER, an Infant, by Her Mother and Natural Guardian, DIANE…

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

Date published: Jan 27, 1992

Citations

179 A.D.2d 802 (N.Y. App. Div. 1992)

Citing Cases

Saldivar v. I.J. White Corp.

Ordered that the order is reversed insofar as appealed from, on the law and as a matter of discretion, with…

Nationstar Mortg., LLC v. Sullivan

See CPLR §3025(b). Courts have sought to ensure that any "proposed amendment was not palpably insufficient or…