Opinion
July 14, 1995
Appeal from the Supreme Court, Erie County, Flaherty, J.
Present — Pine, J.P., Fallon, Wesley, Doerr and Davis, JJ.
Judgment unanimously affirmed without costs. Memorandum: Supreme Court properly limited plaintiff's recovery to $43,533.07 plus interest on that amount because plaintiff failed to move to increase its ad damnum clause (see, Reid v. Weir-Metro Ambulance Serv., 191 A.D.2d 309, 309-310; 17 E. 80th Realty Corp. v. 68th Assocs., 173 A.D.2d 245, 249; cf., Loomis v. Civetta Corinno Constr. Corp., 54 N.Y.2d 18, 23, rearg denied 55 N.Y.2d 801). We have examined the arguments raised by defendant Morris Diamond and conclude that they lack merit.