Legal Opinion
Citarelli v. American Insurance Co.
Appellate Division of the Supreme Court of the State of New York
Decided April 9, 2001PublishedCited by 8 opinions
1Opinion of the Court
—In an action, inter alia, to recover damages for breach of contract, the defendant American Insurance Company appeals from an order of the Supreme Court, Suffolk County (Molia, J.), dated August 1, 2000, which granted the plaintiffs’ motion for leave to amend the complaint.
Ordered that the order is reversed, on the law, with costs, and the motion is denied.
The Supreme Court erred in granting the plaintiffs’ motion for leave to amend their complaint, as they failed to make an evidentiary showing that the proposed causes of action had merit (see, Heckler Elec. Co. v Matrix Exhibits-N. Y., 278…
2Cases cited3 opinions
- Morgan v. Prospect Park Associates Holdings, L.P.Appellate Division of the Supreme Court of the State of New York · 1998
- Heckler Electric Co. v. Matrix Exhibits-New York, Inc.Appellate Division of the Supreme Court of the State of New York · 2000
- Clark v. FoleyAppellate Division of the Supreme Court of the State of New York · 1997
3Cited by8 opinions
- Mylonas v. Town of BrookhavenAppellate Division of the Supreme Court of the State of New York · 2003
- Tatzel v. KaplanAppellate Division of the Supreme Court of the State of New York · 2002
- Rice v. Penguin Putnam, Inc.Appellate Division of the Supreme Court of the State of New York · 2001
- Toscano v. ToscanoAppellate Division of the Supreme Court of the State of New York · 2003
- Monteiro v. R.D. Werner Co.Appellate Division of the Supreme Court of the State of New York · 2003
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