Opinion
November 16, 1987
Appeal from the Supreme Court, Westchester County (Delaney, J.).
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 showing by the plaintiff as to the merits of the request for the amendment and an explanation for the failure to initially assert the increased amount of damages (see, CPLR 3025 [b]; Martin v. Maimonides Med. Center, 125 A.D.2d 455; Dolan v. Garden City Union Free School Dist., 113 A.D.2d 781). The record is devoid of that showing. Accordingly, it was not an abuse of discretion to deny the application. Mollen, P.J., Brown, Rubin and Spatt, JJ., concur.