Hyman v. Able & Ready Appliance Repair Corp., 2021 NY Slip Op 02247 (2021)

Citation: Hyman v. Able & Ready Appliance Repair Corp., 2021 NY Slip Op 02247 (2021)
Parent Document: Hyman v. Able & Ready Appliance Repair Corp., 2021 NY Slip Op 02247 (2021)
Jurisdiction: New York (state)
Effective Date: 2021-04-13
Original Source: https://www.courtlistener.com/opinion/4873114/hyman-v-able-ready-appliance-re... ↗

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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 AD3d 153, 158 [2d Dept 2010]). Here, however the motion court should not have directed defendants to pay $1,192.18 to plaintiff for the alleged damage to her refrigerator because the record lacked any evidence as to causation or the cost to repair. Accordingly, the motion court's July 1, 2019 order is modified as indicated herein.

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