Recovery of More Than the Jurisdictional Limit of the Court for Later-Accrued Damages

In Hartley v. Paul Props. (88 Misc 2d 205 [Binghamton City Ct 1976]), the City Court determined that where additional damages accrued under a contract subsequent to the commencement of the action, a second action for those later-accrued damages could not result in a recovery which would bring the total recovered to more than the jurisdictional limit of the court in which both actions had been commenced. However, it is the opinion of this court that the Legislature did not intend to create a situation in which a defendant could through delaying tactics either defeat entirely the jurisdiction of the court in which a plaintiff was originally compelled to proceed, or alternatively through those same delaying tactics require a multiplicity of litigation in order to achieve judgment for the full amount due.