R & T Holding Corp. v. Commack Realty, Inc.

In an action, inter alia, to recover damages for breach of contract, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Burke, J.), entered January 5, 2005, which denied its motion pursuant to CFLR 325 to remove this action from District Court to the Supreme Court, and, upon removal, pursuant to CFLR 3025 (b) for leave to serve an amended complaint increasing the ad damnum clause and adding causes of action based on specific performance and unjust enrichment.

Ordered that the order is affirmed, with costs.

Under the circumstances, the Supreme Court providently *575exercised…