HOO CORP. v. 109 GRAHAM AVENUE CORP.


272 A.D.2d 377 (2000)

707 N.Y.S.2d 365

HOO CORP., Respondent, v. 109 GRAHAM AVENUE CORP., Appellant.

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

Decided May 8, 2000.


Ordered that the order is affirmed, with costs.

Contrary to the defendant's contention, the Supreme Court did not err in awarding the plaintiff relief which, although not demanded in its complaint, was requested in its motion and was appropriate in light of the proof submitted (see, CPLR 3017 [a]).

The defendant's remaining contention is unpreserved for appellate review and, in any event,...

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