Legal Opinion
Cruz v. Brown
Appellate Division of the Supreme Court of the State of New York
Decided June 4, 2015PublishedCited by 12 opinions
1Opinion of the Court
Order, Supreme Court, Bronx County (Mark Friedlander, J.), entered August 14, 2014, which denied plaintiff’s motion for leave to amend the complaint to assert a cause of action for wrongful death, unanimously affirmed, without costs.
*456In denying leave to amend the complaint, Supreme Court erred by holding that plaintiff was required to make an evidentiary showing as to the merits of the proposed amendment, and by considering the underlying merits of the proposed wrongful death claim. “On a motion for leave to amend a pleading, movant need not establish the merit of the proposed new allegations,…
2Cases cited3 opinions
- McGuire v. SmallAppellate Division of the Supreme Court of the State of New York · 1987
- Shipley Miller v. CohenAppellate Division of the Supreme Court of the State of New York · 2012
- Griffin v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2003
3Cited by12 opinions
- NYAHSA Servs., Inc., Self-Insurance Trust v. People Care Inc.Appellate Division of the Supreme Court of the State of New York · 2017
- Matter of Bynum v. Camp Bisco, LLCAppellate Division of the Supreme Court of the State of New York · 2017
- Drimer v. Zionist Org. of Am.Appellate Division of the Supreme Court of the State of New York · 2021
- Imperati v. LeeAppellate Division of the Supreme Court of the State of New York · 2015
- Board of Mgrs. of the Porter House Condominium v. Delshah 60 Ninth LLCAppellate Division of the Supreme Court of the State of New York · 2021
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