Legal Opinion

Ferriola v. DiMarzio

Appellate Division of the Supreme Court of the State of New York

Decided April 5, 2011PublishedCited by 7 opinions

1Opinion of the Court

In an action, inter alia, to recover damages for breach of contract and negligence, the defendant Charles Barresi appeals, as limited by his brief, from so much of an order of the Supreme Court, Kings County (Silber, J.), dated August 19, 2010, as denied his motion for leave to amend his answer to add the affirmative defense that the amended complaint fails to name necessary and indispensable parties.

Ordered that the order is affirmed insofar as appealed from, with costs.

In the absence of significant prejudice or surprise to the opposing party, leave to amend a pleading should be freely given…

2Cases cited9 opinions

  1. Edenwald Contracting Co. v. City of New YorkNew York Court of Appeals · 1983
  2. Hecht v. City of New YorkNew York Court of Appeals · 1983
  3. Bernardi v. SpyratosAppellate Division of the Supreme Court of the State of New York · 2010
  4. Malanga v. ChamberlainAppellate Division of the Supreme Court of the State of New York · 2010
  5. Unger v. LevitonAppellate Division of the Supreme Court of the State of New York · 2006

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3Cited by7 opinions

  1. Gorbatov v. TsirelmanAppellate Division of the Supreme Court of the State of New York · 2017
  2. New York v. United Parcel Service, Inc.District Court, S.D. New York · 2016
  3. Sandiford v. KahnAppellate Division of the Supreme Court of the State of New York · 2011
  4. Reese v. Jahan ContractingAppellate Division of the Supreme Court of the State of New York · 2014
  5. Smith v. PasquaAppellate Division of the Supreme Court of the State of New York · 2013

2 more not listed; retrieve them via the Exa API.

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