JEM TRANSP. CORP. v. BLENNAU

CV-022862-12.

37 Misc.3d 787 (2012)

951 N.Y.S.2d 664

2012 NY Slip Op 22272

JEM TRANSPORTATION CORP., Plaintiff, v. MARGARET BLENNAU, Defendant.

District Court of Nassau County, First District.

September 21, 2012.


Attorney(s) appearing for the Case

Kevin Lowry , Rockville Centre, for plaintiff. Serpe, Andree & Kaufman, Huntington ( Jay S. Seltzer of counsel), for defendant.


OPINION OF THE COURT

MICHAEL A. CIAFFA, J.

In this civil action for damage to a taxi arising from an auto accident, the transfer of the case from a commercial small claims part has given rise to a series of difficult and novel procedural questions. Can the plaintiff, after transfer, seek damages in excess of those otherwise permitted in a small claims matter? Can it do so simply through new allegations in a required formal complaint? Or must it seek leave...

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