Drechsel v. Loblaw, Inc.

Order unanimously reversed, with costs, and motion granted. Memorandum: The original plaintiffs, Gilbert Stephens (now deceased) and his wife, Katherine Stephens, appeal from an order at Special Term of Erie County, which denied plaintiffs’ motion to allow the service of an amended complaint increasing the ad damnum clause, and from a judgment at Trial Term of the same court which granted defendant Loblaw, Inc.’s motion to dismiss plaintiffs’ complaint at the close of plaintiffs’ case at trial. Upon oral argument defendant-respondent Loblaw concedes that the motion to dismiss at the close of…