Alice G. Smith v. University Rochester Medical Center Et Al‪.‬

[32 A.D.2d 736 Page 736] Memorandum: In this action brought for wrongful death and conscious pain and suffering against a hospital, the attending
physician and an equipment supplier, plaintiff seeks to amend the complaint by (1) increasing the ad damnum clause of the
complaint to $450,000 for wrongful death and $50,000 for pain and suffering, (2) to allege a partnership between the defendant
Howe and a fellow practitioner, and (3) to add a cause of action for breach of warranty against the hospital. In the absence
of laches and a failure of any prejudice to the defendants, it was an improvident exercise of discretion to deny leave to
amend the ad damnum clause. The mere lapse of time, without more, is not sufficient ground for [32 A.D.2d 736 Page 737]