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LOOMIS v. CIVETTA CORINNO CONSTR. CORP.

78 A.D.2d 845 (1980)

Julia Loomis, Respondent, v. Civetta Corinno Construction Corp., Appellant, et al., Defendants. Kalikow Construction Corp. et al., Third-Party Plaintiffs, and Dic Construction Corp. et al., Third-Party Defendants

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

November 25, 1980

Unanimously modified, on the law, with costs and disbursements, to reduce said award to $15,000 and, except, as thus modified, affirmed.

Having denied on the basis of surprise plaintiff's motion to amend the complaint to increase the ad damnum clause at the outset of this contested assessment of damages, the court, sitting without a jury, erred in awarding damages in excess of the ad damnum in its decision rendered two months after both sides rested...

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