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HYMAN v. ABLE & READY APPLIANCE REPAIR CORP.

Index No. 29889/18E. Appeal No. 13577-13577A. Case No. 2019-5752.

193 A.D.3d 509 (2021)

141 N.Y.S.3d 849

2021 NY Slip Op 02247

Julie Hyman, Respondent-Appellant, v. Able & Ready Appliance Repair Corp., et al., Respondents, and The Solaria Condominium Care of Halstead Management Company et al., Appellants-Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided April 13, 2021.

Attorney(s) appearing for the Case

Gartner + Bloom P.C., New York ( Kaela A. Mahon of counsel), for appellants-respondents.

Julie Hyman, P.C., Bronx ( Julie Hyman of counsel), for respondent-appellant.

Concur—Manzanet-Daniels, J.P., Mazzarelli, Oing, Kennedy, JJ.

The fact that plaintiff did not specifically seek, in her moving papers, damages relating to the repair of her refrigerator did not preclude the award of such damages because "[t]he presence of a general relief clause enables the court to grant relief that is not too dramatically unlike that which is actually sought, as long as the relief is supported by proof in the papers and the court is satisfied that no party is prejudiced" (Tirado v Miller, 75...

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