Lawrence v. Nassau Savings & Loan Ass'n

Appellate Division of the Supreme Court of New York

Lawrence v. Nassau Savings & Loan Ass'n

53 A.D.2d 857, 385 N.Y.S.2d 361, 1976 N.Y. App. Div. LEXIS 13686

Appellate Division of the Supreme Court of the State of New York·Decided July 6, 1976·Published

Opinion

In an action inter alia for the return of mortgage interest allegedly paid under duress, plaintiffs appeal from so much of an order of the Supreme Court, Suffolk County, dated December 8, 1975, as denied the branch of their motion which sought to increase the ad damnum clause of the complaint with respect to their request for punitive damages. Order affirmed insofar as appealed from, with $50 costs and disbursements. In our opinion, under the circumstances herein the determination of Special Term denying plaintiffs’ demand for an increase of the ad damnum clause as to punitive damages on each of the causes of action from $50,000 to $500,000 represented a reasonable exercise of discretion. Hopkins, Acting P. J., Hargett, Damiani, Titone and Hawkins, JJ., concur.

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In an action inter alia for the return of mortgage interest allegedly paid under duress, plaintiffs appeal from so much of an order of the Supreme Court, Suffolk County, dated December 8, 1975, as denied the branch of their motion which sought to increase the ad damnum clause of the complaint with respect to their request for punitive damages. Order affirmed insofar as appealed from, with $50 costs and disbursements. In our opinion, under the circumstances herein the determination of Special Term denying plaintiffs’ demand for an increase of the ad damnum clause as to punitive damages on each of the causes of action from $50,000 to $500,000 represented a reasonable exercise of discretion. Hopkins, Acting P. J., Hargett, Damiani, Titone and Hawkins, JJ., concur.

Lawrence v. Nassau Savings & Loan Ass'n, 53 A.D.2d 857, 385 N.Y.S.2d 361, 1976 N.Y. App. Div. LEXIS 13686 (N.Y. Ct. App. 1976).

Pincite

53 A.D.2d 857 (Lawrence v. Nassau Savings & Loan Ass'n) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.