PENN PLAZA VENTURE v. GLENS FALLS INS. CO.


41 A.D.2d 619 (1973)

Penn Plaza Venture et al., Respondents, v. Glens Falls Insurance Company, Appellant

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

February 15, 1973


The stay granted by order of this court, entered on October 10, 1972, is vacated. Plaintiffs seek recovery on insurance policies because of fire damage in the course of construction of an office building. Several years after the filing of a note of issue and statement of readiness, plaintiffs served a notice of intention to amend their proofs of loss and the ad damnum in the complaint, and then so moved in open court prior to the trial. The amendment, based on a theory...

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