Agchem Service Corp. v. J. K. Hurd & Son

The complaint in the above action states in part: “ wherefore Plaintiff demands judgment against the defendant in the amount of $10,681.66 with interest from the 30th day of April, 1973 together with the costs and disbursements of this action,”

While it appears that the summons was served on the 10th day of May, 1973, and the complaint was served at a subsequent date, no motion was made at the trial to amend the ad damnum clause downward to meet the jurisdictional limits of County Court. Therefore, the court lacks jurisdiction to determine the matter. (Van Clief v. Van Vechten, 130 N. Y. 571;…