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BARNES COY ARCHITECTS, P.C. v. SHAMOON

2008-01981.

2008 NY Slip Op 06135

BARNES COY ARCHITECTS, P.C., appellant, v. DAVID SHAMOON, ET AL., respondents.

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

Decided July 1, 2008.

Attorney(s) appearing for the Case

Lynn & Gartner, LLP, Mineola, N.Y. (Robert P. Lynn, Jr., and Stephen W. Livingston of counsel), for appellant.

Sinnreich & Kosakoff, LLP, Central Islip, N.Y. (Timothy F. Hill of counsel), for respondents.

Before: WILLIAM F. MASTRO, J.P., REINALDO E. RIVERA, ROBERT A. LIFSON, RUTH C. BALKIN, JJ.

DECISION & ORDER

ORDERED that the order is reversed insofar as appealed from, on the facts and in the exercise of discretion, with costs, that branch of the plaintiff's motion which was pursuant to CPLR 3025(b) for leave to amend the complaint to assert additional allegations and increase the ad damnum clause with respect to the cause of action to recover damages for breach of contract is granted, and the amended complaint attached to the motion papers is deemed...

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