Loomis v. Civetta Corinno Construction Corp.

Judgment and order (one paper), Supreme Court, New York County, entered April 24, 1980, awarding plaintiff damages in the sum of $26,118 after an assessment, unanimously modified, on the law, with costs and disbursements, to reduce said award to $15,000 and, except, as thus modified, affirmed. Having denied on the basis of surprise plaintiffs motion to amend the complaint to increase the ad damnum clause at the outset of this contested assessment of damages, the court, sitting without a jury, erred in awarding damages in excess of the ad damnum in its decision rendered two months after both…