Harris v. Pullman's Bar & Grill, Inc.

Gibbons, J. P.,

dissents and votes to affirm the order, with the following memorandum: The question presented on this appeal concerns the propriety of granting plaintiff’s motion to amend the ad damnum clause of his complaint solely for the purpose of correcting an undervaluation of the monetary demand, in an action, under the Dram Shop Act, to recover damages for personal injuries. This situation is distinguishable from a case where such motion is based upon a claim that an amendment is required because conditions have changed since the inception of the action by reason of more extensive…