Sure-Fit Plastics, L. L. C. v. C & M Plastics, Inc.

I concur in part and respectfully dissent in part. The affidavit submitted in support of the original order to show cause to obtain an order of seizure pursuant to CPLR 7102 contained a general prayer for relief. Accordingly, Supreme Court had some discretionary authority to award relief not specifically sought by the movant (see, Eagle Contrs. of Utica v Black, 7 AD2d 622, affd 8 NY2d 732). Since the relief granted is similar to the relief sought, and the factual recitations of the papers underlying the order to show cause adequately notified defendants of the potential for the issuance of a…