Kimso Apartments, LLC v. Mahesh Gandhi
New York Court of Appeals
1Opinion of the Court
OPINION OF THE COURT
Rivera, J.
Defendant/counterclaim plaintiff Mahesh Gandhi appeals an order of the Appellate Division that modified Supreme Court’s judgment by denying Gandhi’s application to amend his pleading to assert a counterclaim for payments Gandhi alleges are due to him under a settlement agreement. We conclude, as a matter of law, the Appellate Division abused its discretion in denying the amendment, and reverse and remit.
I
The underlying litigation in this appeal is based on claims that have roots in a now dissolved real estate business partnership between Gandhi, and his two…
2Cases cited11 opinions
- Murray v. City of New YorkNew York Court of Appeals · 1977
- Loomis v. Civetta Corinno Construction Corp.New York Court of Appeals · 1981
- Clason v. . BaldwinNew York Court of Appeals · 1897
- Dittmar Explosives, Inc. v. A. E. Ottaviano, Inc.New York Court of Appeals · 1967
- Caceras v. ZorbasNew York Court of Appeals · 1989
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- Lennon v. 56th & Park(NY) Owner, LLCAppellate Division of the Supreme Court of the State of New York · 2021
- Coleman v. WorsterAppellate Division of the Supreme Court of the State of New York · 2016
- Americore Drilling & Cutting, Inc. v. EMB Contr. Corp.Appellate Division of the Supreme Court of the State of New York · 2021
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