Soulier v. Harrison

Appeal from an order of the Supreme Court at Special Term, dated January 2, 1964, in Albany County, which granted a motion by plaintiffs for an order granting leave to increase the amount prayed for in the complaint from $5,000 to $20,000 in the Philip Soulier cause of action and from $20,000 to $40,000 in the Marie Rose Soulier cause of action. Three thousand twenty-five of the CPLR 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…