Opinion
March 23, 1971
Order, Supreme Court, Bronx County, entered November 19, 1970, granting plaintiffs' motion to amend the bill of particulars, increase the ad damnum clause and transfer the action to the Supreme Court unanimously reversed, on the law and as a matter of discretion, without costs and without disbursements, and the motion denied. The accident on which this suit was brought happened in April, 1966. The case was reached for trial in March, 1970, and was adjourned at plaintiffs' request. In September, 1970 this motion was made. The case cannot be distinguished from Koi v. P.S. M. Catering Corp. ( 15 A.D.2d 775).
Concur — Stevens, P.J., Capozzoli, Markewich, McNally and Steuer, JJ.