Legal Opinion
McKiernan v. McKiernan
Appellate Division of the Supreme Court of the State of New York
Decided September 19, 1994PublishedCited by 29 opinions
1Opinion of the Court
—In an action for the partition of marital property, the plaintiff appeals from so much of an order of the Supreme Court, Westchester County (Donovan, J.), entered March 17, 1992, as denied his application for leave to amend the complaint.
Ordered that the order is affirmed insofar as appealed from, with costs.
In determining whether to grant leave to amend a pleading, a court must examine the underlying merit of the causes of action asserted therein, since to do otherwise would be wasteful of judicial resources (see, Wieder v Skala, 168 AD2d 355). Although leave to amend a pleading is…
2Cases cited3 opinions
- Hauptman v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 1990
- Wieder v. SkalaAppellate Division of the Supreme Court of the State of New York · 1990
- Staines v. Nassau Queens Medical GroupAppellate Division of the Supreme Court of the State of New York · 1991
3Cited by29 opinions
- Cohen v. HoAppellate Division of the Supreme Court of the State of New York · 2007
- Morgan v. Prospect Park Associates Holdings, L.P.Appellate Division of the Supreme Court of the State of New York · 1998
- Castillo v. Henry Schein, Inc.Appellate Division of the Supreme Court of the State of New York · 1999
- Sidor v. ZuhoskiAppellate Division of the Supreme Court of the State of New York · 1999
- International Fidelity Insurance v. Gaco Western, Inc.Appellate Division of the Supreme Court of the State of New York · 1996
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