BOEHM v. EKCO PRODS. CO.


47 A.D.2d 807 (1975)

Kim Boehm, an Infant, by Kenneth R. Boehm, Her Father and Natural Guardian, et al., Respondents, v. Ekco Products Company, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

March 6, 1975


Order unanimously modified in accordance with memorandum and as modified affirmed, without costs.

Memorandum:

We believe that it was an improvident exercise of Special Term's discretion to grant plaintiffs' motion to amend the ad damnum clause of both the infant's complaint and the father's derivative complaint so that four separate causes of action stated in each complaint allege damages of $2,000,000. This amount grossly exceeds the relief requested...

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