Opinion
December 5, 1985
Appeal from the Supreme Court, Rensselaer County (Torraca, J.).
After filing a note of issue and statement of readiness in this personal injury action, wherein it was claimed that plaintiff's daughter was bitten by defendants' dog, plaintiff sought and received permission to serve an amended complaint increasing the ad damnum clause from $5,500 to $10,500. Plaintiff's justification for the larger ad damnum is the continuing emotional problems the infant is said to endure with respect to dogs; no medical documentation is provided. We affirm.
Generally, absent prejudice to the opposing party, it is not inappropriate to allow an increase in the ad damnum clause prior to trial (Loomis v Civetta Corinno Constr. Corp., 54 N.Y.2d 18, 21). Here, the prejudice apparently accruing to defendants as a result of the amendment is that it enables plaintiff to circumvent mandatory arbitration. Even if that was plaintiff's motivation, it is hardly conclusive, for CPLR 3405 assures to any party a jury trial de novo after the arbitrator's determination.
Order affirmed, with costs. Kane, J.P., Weiss, Yesawich, Jr., Levine and Harvey, JJ., concur.