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RYAN v. COLLINS

33 A.D.2d 966 (1970)

James P. Ryan, Respondent, v. Howard H. Collins et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Third Department.

January 26, 1970

Per Curiam.

It is well established in this department that delay without a showing of prejudice does not preclude the granting of a motion to amend an ad damnum clause even on the eve of trial. (Bird v. Board of Educ. of North Colonie Cent. Schools, 29 A.D.2d 812; Soulier v. Harrison, 21 A.D.2d 725.) The fact that the new amount demanded now exceeds the defendants'...

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