Legal Opinion
Agway, Inc. v. Williams
Appellate Division of the Supreme Court of the State of New York
Decided July 14, 1992PublishedCited by 3 opinions
1Opinion of the Court
— Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Defendants moved for leave to amend their answer to assert, among other things, an affirmative defense and counterclaim alleging that plaintiff had failed to comply with Education Law article 145. "Absent prejudice or surprise, leave to amend shall be freely granted (CPLR 3025, subd [b]). Upon consideration of the motion, Special Term should not examine the merits or legal sufficiency of the proposed amendment unless the proposed pleading is clearly and patently…
2Cases cited6 opinions
- Charlebois v. J.M. Weller Associates, Inc.New York Court of Appeals · 1988
- Richards Conditioning Corp. v. OleetNew York Court of Appeals · 1968
- Radich v. Council of the City of LackawannaNew York Court of Appeals · 1983
- Radich v. Council of the City of LackawannaAppellate Division of the Supreme Court of the State of New York · 1983
- De Forte v. Allstate InsuranceAppellate Division of the Supreme Court of the State of New York · 1978
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3Cited by3 opinions
- Jones v. TraneNew York Supreme Court · 1992
- Landers v. CSX Transportation, Inc.Appellate Division of the Supreme Court of the State of New York · 2010
- Kusak v. Allstate InsuranceAppellate Division of the Supreme Court of the State of New York · 1993