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Molina v. Mendon Leasing Corp.

Appellate Division of the Supreme Court of New York, First Department
Apr 27, 2000
271 A.D.2d 385 (N.Y. App. Div. 2000)

Opinion

April 27, 2000.

Order, Supreme Court, New York County (Richard Lowe, III, J.), entered August 23, 1999, which, in this personal injury action, granted plaintiffs' motion for leave to amend the complaint to increase the ad damnum and for an order transferring this action from Civil Court to Supreme Court, unanimously affirmed, without costs.

Kenneth Marder, for plaintiffs-respondents.

Mary Y.J. Kim, for defendants-appellants.

MAZZARELLI, J.P., ELLERIN, LERNER, RUBIN, ANDRIAS, JJ.


In the absence of prejudice to the defendant, a motion to amend the ad damnum clause should generally be granted (Loomis v. Corinno Constr. Corp., 54 N.Y.2d 18, 21-22; Sahdala v. New York City Health Hosp. Corp., 251 A.D.2d 70). Accordingly, as no prejudice attributable to the amendment proposed by plaintiffs was shown by defendants, the motion court's grant of the requested relief should be affirmed. We have reviewed defendants' remaining arguments and find them unavailing.

THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

Molina v. Mendon Leasing Corp.

Appellate Division of the Supreme Court of New York, First Department
Apr 27, 2000
271 A.D.2d 385 (N.Y. App. Div. 2000)
Case details for

Molina v. Mendon Leasing Corp.

Case Details

Full title:SIGIFREDO MOLINA, ET AL., PLAINTIFFS-RESPONDENTS, v. MENDON LEASING CORP.…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Apr 27, 2000

Citations

271 A.D.2d 385 (N.Y. App. Div. 2000)
708 N.Y.S.2d 283