Ciarelli v. Lynch
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Mercure, J.E
Appeal from an order of the Supreme Court (Lamont, J.), entered January 25, 2007 in Schoharie County, which, among other things, partially denied plaintiffs’ motion for leave to amend their pleadings.
Upon defendants’ prior appeal from a jury verdict in this action to quiet title, this Court concluded that Supreme Court (Malone, Jr., J.) had erred when charging the jury by sua sponte introducing an unpleaded affirmative defense to defendants’ counterclaims alleging that they possessed an easement across plaintiffs’ property (22 AD3d 987 [2005]).* Accordingly, we granted defendants’…
2Cases cited10 opinions
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- Sadler v. Town of HurleyAppellate Division of the Supreme Court of the State of New York · 2003
- State v. Ladd's Gas Station, Inc.Appellate Division of the Supreme Court of the State of New York · 1993
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