Opinion
October 25, 1976
In a negligence action to recover damages for personal injuries, plaintiff appeals from an order of the Supreme Court, Queens County, dated February 10, 1976, which denied her motion for leave to renew her application (1) to remove the action to that court from the Civil Court of the City of New York and (2) to increase the ad damnum clause of the complaint. Order affirmed, without costs or disbursements. Plaintiff has failed to establish that the original injuries were greater than or different from those originally contemplated (see Liggieri v Pasternack, 51 A.D.2d 731; Jochnowitz v Sheehan, 42 A.D.2d 707). Accordingly, it was not an abuse of discretion to deny plaintiff's motion for leave to increase the ad damnum clause to $100,000 and for removal of the case to the Supreme Court (see CPLR 325, subds [a], [b]; Matter of Kornfeld v Wagner, 12 N.Y.2d 348; Tew v Long Is. R.R. Co., 40 A.D.2d 840). Martuscello, Acting P.J., Latham, Cohalan, Margett and Shapiro, JJ., concur.