GARDNER v. FYR-FYTER CO., INC.


55 A.D.2d 816 (1976)

James M. Gardner, Appellant, v. Fyr-Fyter Company, Inc., et al., Respondents Stop-Fire, Inc., Third-Party Plaintiff-Respondent, v. Fire Equipment Manufacturing Corporation et al., Third-Party Defendants-Respondents

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

December 10, 1976


Order unanimously modified, in accordance with memorandum and, as modified, affirmed, without costs, Simons, J., not participating.

Memorandum:

Plaintiff appeals from a denial of his motion to serve an amended bill of particulars, to amend the ad damnum clause of his complaint from $100,000 to $300,000 and to amend his complaint to state a cause of action based upon a theory of strict liability. Special Term properly denied plaintiff's motion to amend...

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