Briggs v. New York City Transit Authority

Order of the Supreme Court, New York County (Harold Tompkins, J.), entered December 15, 1986, which granted the motion by plaintiff Doris Briggs, as the parent and natural guardian of Francis Alexander Briggs, an infant under the age of 14 years, pursuant to CPLR 3025 (b) for leave to amend the complaint by increasing the ad damnum clause from $1,500,000 to $5,000,000, is reversed, on the law and facts, and the motion denied, without costs.

Pursuant to CPLR 3025 (b), leave to amend is freely given in the absence of prejudice. However, there are certain requirements which must be met as a…