JEM Transportation Corp. v. Blennau

OPINION OF THE COURT

Michael A. Ciaffa, J.

In this civil action for damage to a taxi arising from an auto accident, the transfer of the case from a commercial small claims part has given rise to a series of difficult and novel procedural questions. Can the plaintiff, after transfer, seek damages in excess of those otherwise permitted in a small claims matter? Can it do so simply through new allegations in a required formal complaint? Or must it seek leave of the court allowing it to do so through an amended complaint? If leave to amend is necessary, what standards should be applied? The court’s…