On February 26, 2026, the Third Department issued a decision in Darwish Auto Group, LLC v. TD Bank, N.A., 2026 NY Slip Op. 01102, holding that because a motion’s prayer for relief sought “further relief as the court deems just,” it was not improper for a court to grant relief not specifically sought in the motion, explaining:
Turning first to the appeal from the first preliminary injunction order, we disagree with defendant’s contention that Supreme Court exceeded its powers by sua sponte directing an accounting of the Ford Advance funds. Although plaintiffs’ notice of motion to compel did not specifically seek an accounting of such funds, it contained a general prayer for further relief as the Court deems just, thereby authorizing the court, in its discretion, to grant relief that [was] not too dramatically unlike that which was actually sought. An accounting of the Ford Advance funds was aimed at preventing the further dissipation of such funds in defendant’s possession and, thus, served a similar purpose as plaintiffs’ request to compel compliance with the February 2024 order precluding the dissipation of such funds. Supreme Court’s order directing an accounting of such funds was also grounded in a sufficient evidentiary basis and we discern no substantial prejudice to defendant in the court having done so.
(Internal quotations and citations omitted).