Opinion
August 3, 1998
Appeal from the Supreme Court, Westchester County (DiBlasi, J.).
Ordered that the order is affirmed insofar as appealed from, with costs.
The plaintiff failed to offer competent proof showing that the amount of money alleged to have been converted is greater than the amount originally alleged in the complaint. Therefore, the Supreme Court did not improvidently exercise its discretion in denying that branch of her cross motion which was for leave to increase the ad damnum clause of the complaint ( see, Wavecrest Apts. Corp. v. Jarmain, 183 A.D.2d 711, 713; Century Resources Corp. v. Weir 134 A.D.2d 398).
Furthermore, the Supreme Court providently exercised its discretion in denying that branch of the plaintiffs cross motion which sought leave to amend the second cause of action to reflect that the money allegedly converted had not only been given to her by her mother but by her father as well. The plaintiff failed to give a reasonable excuse for the delay, until the eve of trial, in asserting a fact which was known to her from the inception of the action ( see, Mohammed v. City of New York, 242 A.D.2d 321).
Mangano, P. J., Miller, Pizzuto and Krausman, JJ., concur.