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LOOMIS v. CORINNO CORP.

54 N.Y.2d 18 (1981)

Julia Loomis, Appellant, v. Civetta Corinno Construction Corp., Respondent, et al., Defendants. (And a Third-Party Action.)

Court of Appeals of the State of New York.

Decided October 22, 1981.

Attorney(s) appearing for the Case

Lawrence N. Chanen and Allen A. Hans for appellant.

Robert Markewich and Gary Brown for respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, FUCHSBERG and MEYER concur.

GABRIELLI, J.

It has been the rule in New York that a party cannot recover more in a monetary judgment than is requested in his demand for relief (see, e.g., Michalowski v Ey, 7 N.Y.2d 71, 75). Today we re-examine this principle and conclude that a motion made by a plaintiff to increase the amount of relief requested in the ad damnum clause of the complaint, whether...

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