STEVENS v. BROWN


249 A.D.2d 909 (1998)

672 N.Y.S.2d 194

Robert E. Stevens, Respondent, v. Helen S. Brown, Appellant. (Appeal No. 1.)

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

April 29, 1998


Judgment unanimously affirmed with costs.

Memorandum:

We reject defendant's contention that Supreme Court erred in permitting plaintiff to amend the ad damnum clause after the insurer advised plaintiff that the amount of defendant's insurance coverage was $1,000,000 more than the figure it had originally given. The court properly exercised its discretion in allowing the amendment given the earlier unexplained failure of the insurer to disclose the correct...

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