Knobel v. Manuche

*321OPINION OF THE COURT

Martin B. Stecher, J.

This action for breach of contract was previously tried without a jury and by decision dated November 21, 1986, I determined that the plaintiff was not entitled to recover on his contract. However, at the end of the plaintiff’s case he moved to amend his pleadings to conform to the proof (CPLR 3025 [c]) by inserting in the complaint a cause of action for quantum meruit. The motion to amend the complaint during trial was denied; for, to confront the defendant with a new, unpleaded cause of action, at that stage was to take the defendant by surprise, and…