ARRIETA v. E-Z TECH, INC.


138 A.D.2d 657 (1988)

Joan Arrieta, Respondent, v. E-Z Tech, Inc., et al., Appellants

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

March 28, 1988


Ordered that the order is reversed insofar as appealed from, with costs, and upon reargument the order dated December 3, 1986 is vacated, the motion is denied, and the matter is remitted to the Civil Court of the City of New York, Queens County, for further proceedings.

We find that the Supreme Court abused its discretion in granting the plaintiff's motion to, inter alia, amend the complaint by increasing the ad damnum clause from $10,000 to $1,250,000. The...

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