In the Matter of Columbia Cavera, Individually and as Administratrix of the Estate of Onofrio Cavera, Deceased, Appellant, v. Bhamani Bharat et al., Respondents

In the Matter of Columbia Cavera, Individually and as Administratrix of the Estate of Onofrio Cavera, Deceased, Appellant, v. Bhamani Bharat et al., Respondents. [MAJORITY] In a proceeding (1) to remove an action pending in the Civil'Court of the City of New York, Kings County, to the Supreme Court,' Bangs County; .(2). to increase the ad damnum clause .to $100,000 on the"first, cause of action and $150,000 on the second-cause of action; and (3) to place the action "in its appropriate place on the calendar of the Supreme Court, petitioner-appeals from an order .of the Supreme Court, Kings County, dated April-1, 1972, which denied the application. Order reversed, in-the interests , of justice; without costs, and application granted. ' In our opinion, the claimed special-damages in the underlying wrongful death and personal injury action warrant, the "transfer of the case to the Supreme Court. Furthermore, we are of the opinion'that-the delay in-requesting this relief is attributable solely to petitioner’s attorneys. Martuscello, Acting "P. J., Latham, Shapiro, Christ and.Brennan, JJ., concur.