Bird v. Board of Education of North Colonie Central Schools

Staley, Jr., J.

Appeal by the defendant Fred Medart Products, Inc., from an order of the Supreme Court at Special Term, entered March 29, 1967 in Albany County, which granted a motion by the plaintiff Adaleda Bird to increase the ad damnum clause of her complaint from $25,000 to $100,000. CPLR 3025 (subd. [b]) concerning amendment of pleadings, provides that “ Leave shall be freely given upon such terms as may be just including the granting of costs and continuances.” “It is now well established that permission to increase the ad damnum clause in an action for damages for personal injuries…