Appellate Terms of the Supreme Court of New York January 15, 1920 (Cohen v. Persky)

Mullan, J.

The plaintiff vendees sued the defend-

ant vendor for breach of contract, claiming in their complaint a damage of $951. Immediately after the jury was impaneled and sworn, plaintiffs’ counsel moved for the allowance of an amendment increasing the demand to $1,950, whereupon the learned trial justice said he would take the proofs, and that the motion might be thereafter renewed.