MORGAN v. <<

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Supreme Court, Appellate Division, First Department, New York.

Ernetta D. MORGAN, et al., Plaintiffs-Appellants, v.

MANHATTAN AND BRONX SURFACE TRANSIT OPERATING AUTHORITY, Defendant-Respondent/Third-Party Plaintiff-Respondent, v. NEW YORK CITY HEALTH AND HOSPITAL CORP., et al., Third-Party Defendants-Respondents.

Decided: April 29, 1997

Before MURPHY, P.J., and SULLIVAN, ROSENBERGER, RUBIN and ANDRIAS, JJ. Perry Gary Fish, for Plaintiffs-Appellants. Anita Isola, for Defendant-Respondent/Third-Party Plaintiff-Respondent.

Order, Supreme Court, New York County (Walter Tolub, J.), entered May 6, 1994, which denied plaintiff's motion to transfer this action from Civil Court to Supreme Court, and to amend her complaint to increase the ad damnum clause from $10,000 to $1,000,000, unanimously affirmed, without costs.

The motion was properly denied in view of the 13-year age of the case when the motion was made;  plaintiff's medical proof which shows that the severity of her injuries were known soon after commencement of the action, and contains no persuasive evidentiary support for her claim of continuing treatment during the preceding 10 years;  the lack of a reasonable excuse for the delay;  and prejudice that would result to defendant, who would be further disadvantaged in defending itself against a claim for damages so much greater than that originally made (see, Marzan v. Park Ave. Enclosed Market Merchants Assn., 67 A.D.2d 849, 413 N.Y.S.2d 16, affd. 49 N.Y.2d 791, 426 N.Y.S.2d 731, 403 N.E.2d 454).