COMMISSIONERS OF STATE INSURANCE FUND v. SERVICE UNLIMITED, USA, INC.


50 A.D.3d 1085 (2008)

857 N.Y.S.2d 230

COMMISSIONERS OF STATE INSURANCE FUND, Respondent, v. SERVICE UNLIMITED, USA, INC., Appellant.

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

Decided April 29, 2008.


Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly granted the plaintiff's motion for leave to amend the complaint to increase the ad damnum clause. Pursuant to CPLR 3025 (b), a court shall "freely" grant a party leave to amend a pleading "upon such terms as may be just." In general, motions for leave to amend a pleading should be granted unless the proposed amendment is "palpably insufficient or patently devoid of...

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