National Grange Mutual Insurance v. Brawdy

—Order and judgment unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court properly granted that part of plaintiffs motion seeking to increase the ad damnum clause of the complaint (see, Loomis v Civetta Corinno Constr. Corp., 54 NY2d 18, rearg denied 55 NY2d 801; De Mund v Martin, 103 AD2d 837, 839). The court erred, however, in granting that part of plaintiffs motion seeking summary judgment on the amended complaint without permitting defendants the opportunity to submit an amended answer (see, CPLR 3025 [d]) because…