Chafee v. Gardner

Appeal from an order of the Supreme Court (Tait, Jr., J.), entered August 23, 1991 in Madison County, which denied plaintiff’s motion for leave to amend the complaint.

Supreme Court did not abuse its discretion in denying plaintiff’s motion to amend the complaint to increase the ad damnum clause from $100,000 to $1,000,000 (see, Beuschel v Malm, 114 AD2d 569; cf., Davis v City of Troy, 57 AD2d 990). An important factor to be considered is whether the motion was promptly made after discovery of the facts upon which the amendment is predicated and this factor takes on greater significance when…