Legal Opinion
Loomis v. Civetta Corinno Construction Corp.
New York Court of Appeals
Decided October 22, 1981PublishedCited by 261 opinions
1Opinion of the Court
OPINION OF THE COURT
Gabrielli, J.
It has been the rule in New York that a party cannot recover more in a monetary judgment than is requested in his demand for relief (see, e.g., Michalowski v Ey, 7 NY2d 71, 75). Today we re-examine this principle and conclude that a motion made by a plaintiff to increase the amount of relief requested in the ad damnum clause of the complaint, whether made before or after the verdict, may be granted in the absence of prejudice to the defendant.
Plaintiff, the owner of a town house in Manhattan, alleged in her complaint that defendant Civetta Corinno Construction…
2Cases cited15 opinions
- Murray v. City of New YorkNew York Court of Appeals · 1977
- Dittmar Explosives, Inc. v. A. E. Ottaviano, Inc.New York Court of Appeals · 1967
- Koi v. P. S. & M. Catering Corp.Appellate Division of the Supreme Court of the State of New York · 1962
- Silbert v. SilbertNew York Court of Appeals · 1965
- Michalowski v. EyNew York Court of Appeals · 1959
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3Cited by261 opinions
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- Duffy v. Horton Memorial HospitalNew York Court of Appeals · 1985
- Whalen v. Kawasaki Motors Corp.New York Court of Appeals · 1998
- DiMauro v. Metropolitan Suburban Bus AuthorityAppellate Division of the Supreme Court of the State of New York · 1984
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