Opinion
November 13, 1984
Appeal from the Supreme Court, Kings County (Rader, J.).
Order modified by deleting the provision thereof which denied that branch of the plaintiff's motion seeking an increase in the ad damnum clause to $1,000,000 and substituting therefor a provision granting that branch of the motion. As so modified, order affirmed, without costs or disbursements.
Under all the circumstances of this case, we exercise our discretion to modify Special Term's order so as to increase the ad damnum clause while allowing the case to remain in the Civil Court (see Loomis v Civetta Corinno Constr. Corp., 54 N.Y.2d 18; Rutkowski v Geist, 96 A.D.2d 900; Fahy v Hertz Corp., 92 A.D.2d 581). Lazer, J.P., Bracken, Rubin and Eiber, JJ., concur.