LUCIERE v. A. ERNIE'S AUTO BODY, INC.


172 A.D.2d 592 (1991)

Ralph Luciere et al., Respondents, v. A. Ernie's Auto Body, Inc., et al., Appellants

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

April 8, 1991


Ordered that the order is modified by deleting therefrom the provision permitting the amendment of the demand for damages under the second cause of action from $2,000 to $100,000, and denying that branch of the motion; as so modified, the order is affirmed, without costs or disbursements.

We find that the plaintiffs sufficiently established their entitlement to an amendment of the ad damnum clause providing for a recovery by the plaintiffs of damages up to the amount...

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