SIMMONS v. AUSTIN


163 A.D.2d 720 (1990)

Josephine M. Simmons, Respondent, v. Michael D. Austin et al., Appellants

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

July 12, 1990


Mercure, J.

Plaintiff commenced this action in February 1987 as a result of a May 1986 automobile accident. The complaint alleged monetary damages of $100,000, the amount of defendant's insurance coverage. In September 1989, at a time when trial of the action had been adjourned to October 1989, plaintiff moved for leave to amend the complaint to increase the ad damnum clause to $300,000. Supreme Court granted the motion and defendant appeals.

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