Legal Opinion
Axelrod v. Axelrod
Appellate Division of the Supreme Court of the State of New York
Decided December 14, 1984PublishedCited by 3 opinions
1Opinion of the Court
Order unanimously reversed, on the law, with costs, and defendant’s motion granted. Memorandum: The court properly found that the complaint in this action for divorce lacks the requisite specificity as to the nature and circumstances of the acts of cruelty complained of, as required by CPLR 3016 (subd [c]). However the court erred in granting plaintiff leave to serve an amended complaint to relate back in time to the service of the summons in the action.
While CPLR 3025 (subd [b]) provides that “[l]eave [to amend pleadings] shall be freely given upon such terms as may be just including the…
2Cases cited5 opinions
- Wyso v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1982
- Shanahan v. ShanahanAppellate Division of the Supreme Court of the State of New York · 1983
- L. B. Foster Co. v. Terry Contracting, Inc.Appellate Division of the Supreme Court of the State of New York · 1966
- Perkins v. New York State Electric & Gas Corp.Appellate Division of the Supreme Court of the State of New York · 1983
- O'Hara v. Tidewater Oil Co.Appellate Division of the Supreme Court of the State of New York · 1965
3Cited by3 opinions
- Emergency Enclosures, Inc. v. National Fire Adjustment Co.Appellate Division of the Supreme Court of the State of New York · 2009
- Ross v. RossAppellate Division of the Supreme Court of the State of New York · 1988
- Close v. GormanAppellate Division of the Supreme Court of the State of New York · 2001