177 Misc. 450 | New York Court of Claims | 1941
Upon the trial claimants’ counsel moved to amend the claim of Agnes Foley by increasing the amount demanded as damages from $15,000 to $35,000. He also moved to amend the claim of Eugene F. Foley by increasing the amount demanded from $5,000 to $10,000. The Attorney-General objected and decision was reserved.
We discuss the motions because they are unusual in the practice in this court in claims based on negligence resulting in personal injuries,
Here we deny the motions for^the reason that, as appears by opinion and decision concurrently rendered, we find the State of New York free from liability. In any event, the matter must be determined upon order and not by the adoption of a conclusion of law, as suggested by claimants’ counsel in the submission of his requests to find. (Rules Ct. Claims, rule 16.) Order accordingly.
Annual reports of the Court of Claims disclose that claimants usually demand many times the amount awarded. The same practice seems to prevail in the Supreme Court, where amounts demanded greatly exceed verdicts.