S.P. Duggal Corp. v. Aetna Casualty & Surety Co.

—Order, Supreme Court, New York County (Beatrice Shainswit, J.), entered on or about January 11, 1995, which denied plaintiff insureds’ motion for a retransfer from the Civil Court to Supreme Court and for leave to amend the complaint to increase the ad damnum clause, unanimously modified, on the facts, to grant the motion for a retransfer, and to grant the motion to amend as against defendant Gotham Brokerage Company, Inc. ("Gotham”) only, and otherwise affirmed without costs.

Although leave to amend to pleadings "shall be freely given” (CPLR 3025 [b]), here the IAS Court properly declined to…