Smith v. Lift-A-Loft Equipment, Inc.

Appellate Division of the Supreme Court of New York

Smith v. Lift-A-Loft Equipment, Inc.

210 A.D.2d 989, 621 N.Y.S.2d 964

Appellate Division of the Supreme Court of the State of New York·Decided December 23, 1994·Published·Cited by 1 cases

Opinion

—Order unanimously reversed on the law without costs and motion granted. Memorandum: Supreme Court abused its discretion in denying plaintiffs’ motion to increase the amount of damages sought in the ad damnum clause of the complaint. No prejudice to defendants was shown (see, Loomis v Civetta Corinno Constr. Corp., 54 NY2d 18, rearg denied 55 NY2d 801; Luchsinger v County of Onondaga, 63 AD2d 819, 819-820). (Appeal from Order of Supreme Court, Genesee County, Morton, J.—Increase Ad Damnum Clause.) Present—Denman, P. J., Balio, Fallon, Callahan and Davis, JJ. (Filed Nov. 29, 1994,)

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—Order unanimously reversed on the law without costs and motion granted. Memorandum: Supreme Court abused its discretion in denying plaintiffs’ motion to increase the amount of damages sought in the ad damnum clause of the complaint. No prejudice to defendants was shown (see, Loomis v Civetta Corinno Constr. Corp., 54 NY2d 18, rearg denied 55 NY2d 801; Luchsinger v County of Onondaga, 63 AD2d 819, 819-820). (Appeal from Order of Supreme Court, Genesee County, Morton, J.—Increase Ad Damnum Clause.) Present—Denman, P. J., Balio, Fallon, Callahan and Davis, JJ. (Filed Nov. 29, 1994,)

Smith v. Lift-A-Loft Equipment, Inc., 210 A.D.2d 989, 621 N.Y.S.2d 964 (N.Y. Ct. App. 1994).

Pincite

210 A.D.2d 989 (Smith v. Lift-A-Loft Equipment, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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