Fling v. McGregor, Swire Air Services, Ltd. , 413 N.Y.S.2d 281 ( 1979 )

— In a negligence action to recover damages for personal injuries, plaintiffs appeal from an order of the Supreme Court, Queens County, entered September 13, 1978, which denied their motion to increase the ad damnum clause. Order reversed, and motion granted, with $50 costs and disbursements. Special Term improvidently exercised its discretion in denying plaintiffs’ motion to increase their ad damnum clause. The injuries sustained could conceivably result in a verdict in excess of that demanded in the original complaint (cf. Calautti v National Transp. Co., 10 AD2d 955). Suozzi, J. P., O’Connor, Gulotta and Cohalan, JJ., concur.