Appellate Division of the Supreme Court of New York, 1979

Brause Realty, Inc. v. City of New York

Brause Realty, Inc. v. City of New York
Appellate Division of the Supreme Court of New York · Decided February 22, 1979
67 A.D.2d 880; 413 N.Y.S.2d 886; 1979 N.Y. App. Div. LEXIS 10623
Brause Realty, Inc. v. City of New York

Opinion of the Court

— Order, Supreme Court, New York County, entered May 15, 1978, unanimously reversed, in the exercise of discretion, and plaintiffs-appellants’ motion for permission to serve and file a supplemental complaint, to increase the ad damnum clause, and to transfer the case from Civil to Supreme Court granted, without costs and without disbursements. This, of course, is not a motion for summary judgment, and sufficient has been demonstrated at least prima facie in the exhibits found with the motion papers to indicate a causal relationship with defendant-respondent’s alleged negligence in maintenance of its water lines, claimed to have been the cause of the damage stated in the original complaint. Concur — Lane, J. P., Markewich, Lupiano and Bloom, JJ.

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