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GRETZ v. HENRY'S SCHWINN CYCLERY, INC.

84 A.D.2d 863 (1981)

Herbert F. Gretz, Jr., as Parent and Natural Guardian of Jane A. Gretz, an Infant, Appellant, v. Henry's Schwinn Cyclery, Inc., Respondent

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

November 19, 1981

While pretrial motions to amend pleadings to increase the amount of relief requested in the ad damnum clause of the complaint have encountered some resistance over the years and postverdict motions for like relief have uniformly been denied, the recent case of Loomis v Civetta Corinno Constr. Corp. (54 N.Y.2d 18) has clarified this troublesome area of pleading practice by extinguishing the difference between pretrial and postverdict...

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