Legal Opinion
Guzman v. Mike's Pipe Yard
Appellate Division of the Supreme Court of the State of New York
Decided December 14, 2006PublishedCited by 3 opinions
1Opinion of the Court
Order, Supreme Court, Bronx County (Norma Ruiz, J.), entered January 12, 2006, which denied defendant’s motion to amend its answer to assert a new affirmative defense, unanimously affirmed, without costs.
Defendant’s unsupported motion was insufficient as a matter of law. Motions to amend pleadings are to be liberally granted (CPLR 3025 [b]), absent prejudice or surprise, but such leave should “not be granted upon mere request, without appropriate substantiation” (Brennan v City of New York, 99 AD2d 445, 446 [1984]). These moving papers consisted solely of a four-page attorney’s affirmation,…
2Cases cited3 opinions
- Lumbermens Mutual Casualty Co. v. Morse Shoe Co.Appellate Division of the Supreme Court of the State of New York · 1995
- Brennan v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1984
- Marinelli v. ShifrinAppellate Division of the Supreme Court of the State of New York · 1999
3Cited by3 opinions
- CDR Créances S.A.S. v. CohenAppellate Division of the Supreme Court of the State of New York · 2010
- Forbes v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2011
- FTBK Investor II LLC v. Genesis Holding LLCNew York Supreme Court · 2014