SILGE v. MERZ

Docket No. 06-0629-cv.

510 F.3d 157 (2007)

Christian B. SILGE, Plaintiff-Appellant, v. Anna B. MERZ, Kevin J. Merz, and Enterprise Technology, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: December 6, 2007.


Attorney(s) appearing for the Case

Robert J.A. Zito, Carter Ledyard & Milburn, LLP, New York, NY, for Plaintiff-Appellant.

Before: LEVAL, SOTOMAYOR, and KATZMANN, Circuit Judges.


KATZMANN, Circuit Judge:

This case calls upon us to decide whether the appellant, after securing a default judgment, should have been permitted to recover on a claim for prejudgment interest that was not pleaded in the complaint or reflected in its demand clause. Notwithstanding that the appellant notified the defaulted defendants of this additional claim before damages were calculated, we hold that the district court correctly applied Rule 54(c) of the Federal Rules...

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