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MARTIN v. WALDBAUM'S SUPERMARKET

172 A.D.2d 804 (1991)

Iris Martin, Appellant, v. Waldbaum's Supermarket, Respondent

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

April 29, 1991

Ordered that the order is affirmed, without costs or disbursements.

A motion to remove an action from the Civil Court to the Supreme Court pursuant to CPLR 325 (b) must be accompanied by a request for leave to amend the ad damnum clause of the complaint pursuant to CPLR 3025 (b) (McLaughlin, Practice Commentaries, McKinney's Cons Laws of NY, Book 7B, CPLR 325:2, at 564). Here, the amount stated in the ad damnum clause was within the jurisdictional limits of the Civil...

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