Order reversed, without costs or disbursements, and renewed motion granted to the extent of permitting plaintiff to add a cause of action alleging negligence and motion denied to the extent that plaintiff may not increase the ad damnum clause.
The plaintiff should have been granted leave to amend his complaint so as to include a claim alleging negligence. The original complaint put the defendant on "notice of the transactions, occurrences, or series of transactions...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.