Legal Opinion

Kimso Apartments, LLC v. Mahesh Gandhi

New York Court of Appeals

Decided November 25, 2014No. 197PublishedCited by 129 opinions

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

  1. Murray v. City of New YorkNew York Court of Appeals · 1977
  2. Loomis v. Civetta Corinno Construction Corp.New York Court of Appeals · 1981
  3. Clason v. . BaldwinNew York Court of Appeals · 1897
  4. Dittmar Explosives, Inc. v. A. E. Ottaviano, Inc.New York Court of Appeals · 1967
  5. Caceras v. ZorbasNew York Court of Appeals · 1989

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3Cited by129 opinions

  1. NYAHSA Servs., Inc., Self-Insurance Trust v. People Care Inc.Appellate Division of the Supreme Court of the State of New York · 2017
  2. GMAC Mtge., LLC v. CoombsAppellate Division of the Supreme Court of the State of New York · 2020
  3. Lennon v. 56th & Park(NY) Owner, LLCAppellate Division of the Supreme Court of the State of New York · 2021
  4. Coleman v. WorsterAppellate Division of the Supreme Court of the State of New York · 2016
  5. 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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