Opinion
2002-05351
Submitted February 25, 2003.
March 24, 2003.
In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Kings County (Aliotta, J.), dated May 3, 2002, which denied their motion for leave to serve an amended complaint increasing the ad damnum clause.
Jerold Probst, New York, N.Y., for appellants.
Crafa Sofield, LLP, Mineola, N.Y. (Thomas R. Sofield of counsel), for respondents.
Before: FRED T. SANTUCCI, J.P., SANDRA J. FEUERSTEIN, NANCY E. SMITH, DANIEL F. LUCIANO, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
Generally, leave to amend a pleading is freely given absent prejudice or surprise resulting from the delay (see CPLR 3025; McCaskey, Davies Assoc. v. New York City Health Hosp. Corp., 59 N.Y.2d 755). The decision to allow or disallow an amendment is committed to the sound discretion of the Supreme Court, the exercise of which should not be lightly disturbed (see Edenwald Contr. Co. v. City of New York, 60 N.Y.2d 957, 959; Leonardi v. City of New York, 294 A.D.2d 408). The Supreme Court providently exercised its discretion in denying the plaintiffs' motion for leave to serve an amended complaint increasing the ad damnum clause. The plaintiffs, inter alia, failed to establish that the increase was warranted by reason of facts which had recently come to their attention (see Lopez v. Alexander, 251 A.D.2d 297; see also F.G.L. Knitting Mills v. 1087 Flushing Prop., 191 A.D.2d 533). Furthermore, the plaintiffs failed to accompany their motion with physicians' affidavits or affirmations as required (see Lopez v. Alexander, supra).
SANTUCCI, J.P., FEUERSTEIN, SMITH and LUCIANO, JJ., concur.