From Casetext: Smarter Legal Research

Luciere v. A. Ernie's Auto Body, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Apr 8, 1991
172 A.D.2d 592 (N.Y. App. Div. 1991)

Opinion

April 8, 1991

Appeal from the Supreme Court, Nassau County (Brucia, J.).


Ordered that the order is modified by deleting therefrom the provision permitting the amendment of the demand for damages under the second cause of action from $2,000 to $100,000, and denying that branch of the motion; as so modified, the order is affirmed, without costs or disbursements.

We find that the plaintiffs sufficiently established their entitlement to an amendment of the ad damnum clause providing for a recovery by the plaintiffs of damages up to the amount of $400,000 for the personal injuries sustained by the plaintiff Ralph Luciere (cf., Dolan v. Garden City Union Free School Dist., 113 A.D.2d 781; see also, Loomis v. Civetta Corinno Constr. Corp., 54 N.Y.2d 18).

However, the plaintiffs failed to submit any documentation supporting an increase in the ad damnum clause for Lois Luciere's derivative claims. Hence, the amendment with respect thereto was improper. Mangano, P.J., Brown, Sullivan, Harwood and Miller, JJ., concur.


Summaries of

Luciere v. A. Ernie's Auto Body, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Apr 8, 1991
172 A.D.2d 592 (N.Y. App. Div. 1991)
Case details for

Luciere v. A. Ernie's Auto Body, Inc.

Case Details

Full title:RALPH LUCIERE et al., Respondents, v. A. ERNIE's AUTO BODY, INC., et al.…

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

Date published: Apr 8, 1991

Citations

172 A.D.2d 592 (N.Y. App. Div. 1991)