In re 91st Street Crane Collapse Litigation

Appellate Division of the Supreme Court of New York

In re 91st Street Crane Collapse Litigation

112 A.D.3d 476, 976 N.Y.S.2d 375, 2013 NY Slip Op 8340, 2013 WL 6500608, 2013 N.Y. App. Div. LEXIS 8222

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 12, 2013

StatusPublished

This text of 112 A.D.3d 476 (In re 91st Street Crane Collapse Litigation) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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In re 91st Street Crane Collapse Litigation, 112 A.D.3d 476, 976 N.Y.S.2d 375, 2013 NY Slip Op 8340, 2013 WL 6500608, 2013 N.Y. App. Div. LEXIS 8222 (N.Y. Ct. App. 2013).

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Opinion

Orders, Supreme Court, New York County (Manuel J. Mendez, J.), entered April 10, 2013, which, inter alia, denied defendants-respondents’ motions to strike plaintiff’s demand for a jury trial, unanimously affirmed, without costs.

Plaintiff seeks money damages for the wrongful death of her decedent, and “a sum of money alone can provide full relief to [her] under the facts alleged” (see Murphy v American Home Prods. Corp., 136 AD2d 229, 232 [1st Dept 1988]; CPLR 4101 [1]). Contrary to defendants-respondents’ contention, “plaintiff’s ritualistic use in the prayer for relief of the language ‘and such other and further relief as to this court seems just and proper’, does not change the legal character of the relief demanded” (id. at 233).

Plaintiffs request for sanctions on appeal is denied. Concur— Gonzalez, EJ., Andrias, Saxe, Richter and Clark, JJ.

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Orders, Supreme Court, New York County (Manuel J. Mendez, J.), entered April 10, 2013, which, inter alia, denied defendants-respondents’ motions to strike plaintiff’s demand for a jury trial, unanimously affirmed, without costs.

Plaintiff seeks money damages for the wrongful death of her decedent, and “a sum of money alone can provide full relief to [her] under the facts alleged” (see Murphy v American Home Prods. Corp., 136 AD2d 229, 232 [1st Dept 1988]; CPLR 4101 [1]). Contrary to defendants-respondents’ contention, “plaintiff’s ritualistic use in the prayer for relief of the language ‘and such other and further relief as to this court seems just and proper’, does not change the legal character of the relief demanded” (id. at 233).

Plaintiffs request for sanctions on appeal is denied. Concur— Gonzalez, EJ., Andrias, Saxe, Richter and Clark, JJ.

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Bluebook (online)

112 A.D.3d 476, 976 N.Y.S.2d 375, 2013 NY Slip Op 8340, 2013 WL 6500608, 2013 N.Y. App. Div. LEXIS 8222, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-91st-street-crane-collapse-litigation-nyappdiv-2013.

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