Demko v. Ventrone

Full title: AMPARO DEMKO, Respondent, v. MICHAEL VENTRONE et al., Appellants

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 30, 1987

128 A.D.2d 833 (N.Y. App. Div. 1987)

Opinion

March 30, 1987

Appeal from the Supreme Court, Richmond County (Kuffner, J.).

Ordered that the appeal from the order dated February 6, 1986 is dismissed, as that order was superseded by the order dated April 16, 1986, made upon reargument; and it is further,

Ordered that the order dated April 16, 1986 is affirmed insofar as reviewed; and it is further,

Ordered that the plaintiff is awarded one bill of costs.

Under the circumstances of this case, it was an appropriate exercise of the court's discretion to permit the amendment of the ad damnum clause (see, Loomis v. Civetta Corinno Constr. Corp., 54 N.Y.2d 18, rearg denied 55 N.Y.2d 801; Ravenal, Inc. v. Gross, 90 A.D.2d 760). Furthermore, the plaintiff may be entitled to punitive damages. Mangano, J.P., Rubin, Kooper and Harwood, JJ., concur.