SALDIVAR v. I.J. WHITE CORPORATION


30 A.D.3d 577 (2006)

816 N.Y.S.2d 384

VALENTIN SALDIVAR et al., Appellants, v. I.J. WHITE CORPORATION et al., Respondents. (And a Third-Party Action.)

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

June 20, 2006.


Ordered that the order is reversed insofar as appealed from, on the law and as a matter of discretion, with costs, and that branch of the motion which was for leave to increase the ad damnum clause from the sum of $1 million to the sum of $4 million with respect to the injured plaintiff is granted.

Under the circumstances of this case, the Supreme Court improvidently exercised its discretion in denying that branch of the plaintiffs' motion which was to increase the...

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