Smith v. Lift-A-Loft Equipment, Inc.
This text of 210 A.D.2d 989 (Smith v. Lift-A-Loft Equipment, Inc.) 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.
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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Cite This Page — Counsel Stack
210 A.D.2d 989, 621 N.Y.S.2d 964, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-lift-a-loft-equipment-inc-nyappdiv-1994.