Century Resources Corp. v. Weir

In an action to recover damages for breach of contract, the plaintiff appeals from so much of an order of the Supreme Court, Westchester County (Delaney, *399J.), dated May 24, 1987, as sustained the defendants’ objection to its notice to amend the ad damnum clause.

Ordered that the order is affirmed insofar as appealed from, with costs.

An application for leave to amend a complaint to increase an ad damnum clause rests in the sound discretion of the court. While leave to amend an ad damnum clause should be liberally granted, it is not automatic, and a notice to amend must be supported by a proper…