HERTE v. BREEN

Order affirmed, with costs.

On this record, Special Term properly granted summary judgment on the issue of liability against the defendant driver, who had admittedly fallen asleep at the wheel and struck plaintiffs' vehicle in the rear (Baly v Chrysler Credit Corp., 94 A.D.2d 781; Behar v Ordover, 92 A.D.2d 557). The record further justifies the granting of the amendment of the complaint so as to increase the ad damnum clause. Mollen, P.J., Gibbons, Brown, Niehoff and Eiber, JJ., concur.