—Order unanimously reversed on the law with costs and motion granted. Memorandum: Supreme Court improvidently exercised its discretion in denying plaintiffs motion for leave to amend the ad damnum clause of the complaint. Absent prejudice to a defendant, “a motion to amend the ad damnum clause, whether made before or after trial, should generally be granted” (Loomis v Civetta Corinno Constr. Corp., 54 NY2d 18, 23, rearg denied 55 NY2d 801; see, Smith v Lift-A-Loft Equip., 210 AD2d 989). (Appeal from Order of Supreme Court, Erie County, Whelan, J.— Amend Complaint.) Present—Denman, P. J., Green, Callahan, Balio and Fallon, JJ.
Lawrence D. Gadley, Appellant, v. U.S. Sugar Company, Inc., Respondent
245 A.D.2d 1112666 N.Y.S.2d 96
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