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Brause Realty, Inc. v. City of New York

67 A.D.2d 880 Court N.Y. App. Div. Decision date 1979-02-22 English

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p. 880
Brause Realty, Inc., et al., Appellants, v City of New York, Respondent.

— 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.