Zoizack v. Holland Hitch Co.

Order unanimously affirmed, with costs. Memorandum:

Plaintiff, A. R. Gundry, Inc., sought to amend its ad damnum clause to allege $15,892.80 damages to its trailer as a result of an accident. In its original complaint it demanded damages of $3,322.90. Defendants, Brockway Motor Trucks, Mack Trucks, Inc., and the Holland Hitch Company, appeal a determination at Special Term which permitted the amendment. We find no abuse of discretion by Special Term. Appellants claim that plaintiff was guilty of laches and that it waived the right to amend its claim for damages making its motion two years…