Order modified by striking out the provision denying the motion insofar as it seeks to increase the ad damnum clause and by substituting therefor a provision granting such relief; and as so modified the order, insofar as appealed from, is affirmed, without costs.
It was an improvident exercise of discretion under all the circumstances to deny leave to increase the amount of the damages claimed. Summary judgment, however, was properly denied, as issues of fact...
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