Legal Opinion
Schulte Roth & Zabel, LLP v. Kassover
Appellate Division of the Supreme Court of the State of New York
Decided April 27, 2006PublishedCited by 12 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Paviola A. Soto, J.), entered June 22, 2005, which denied defendant’s motion to amend his answer to assert a counterclaim for malpractice in his capacity as executor, unanimously affirmed, without costs.
Defendant’s contention that he raised an issue of fact with respect to whether plaintiff represented him in his capacity as executor, as well as individually as had been alleged in the original answer, ignores the governing procedure. Although the standard for amending a pleading is less exacting than in moving for summary judgment, there must still be an…
2Cases cited4 opinions
- Ritt v. Lenox Hill HospitalAppellate Division of the Supreme Court of the State of New York · 1992
- Morgan v. Prospect Park Associates Holdings, L.P.Appellate Division of the Supreme Court of the State of New York · 1998
- Nab-Tern Constructors v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1986
- Lewis v. Safety Disposal System of Pennsylvania, Inc.Appellate Division of the Supreme Court of the State of New York · 2004
3Cited by12 opinions
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- Brown v. Pullman GroupAppellate Division of the Supreme Court of the State of New York · 2009
- Hudson Insurance v. OppenheimAppellate Division of the Supreme Court of the State of New York · 2006
- AirTran New York, LLC v. Midwest Air Group, Inc.Appellate Division of the Supreme Court of the State of New York · 2007
- BDCM Fund Adviser, L.L.C. v. ZenniAppellate Division of the Supreme Court of the State of New York · 2012
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