CINER v. MALUAGNA


67 A.D.2d 961 (1979)

Morris L. Ciner, Appellant v. Theresa Maluagna et al., Respondents

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

February 20, 1979


Appeal from the order dated March 7, 1978 dismissed as academic. That order was superseded by the order granting reargument. Order dated July 3, 1978 reversed insofar as appealed from, and, upon reargument, motion for leave to amend the ad damnum clause granted.

Plaintiff is awarded one bill of $50 costs and disbursements to cover both appeals. It was an abuse of discretion to deny plaintiff leave to amend the ad damnum clause (see Wagner v Huntington...

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