Legal Opinion

MRI Enters., Inc. v. Comprehensive Med. Care of N.Y., P.C.

Appellate Division of the Supreme Court of the State of New York

Decided November 5, 2014No. 2012-11023PublishedCited by 4 opinions

1Opinion of the Court

In an action, inter alia, to recover damages for breach of contract, the defendant appeals from a judgment of the Supreme Court, Nassau County (Bucaria, J.), entered August 29, 2012, which, upon a decision of the same court dated August 3, 2012 (Galasso, J.), made after a nonjury trial, is in favor of the plaintiff and against it in the total sum of $497,437.42.

Ordered that the judgment is affirmed, with costs.

A court may amend pleadings before or after judgment to conform them to the evidence (see CPLR 3025 [c]). Where no prejudice is shown, an amendment may be allowed during or even after…

2Cases cited11 opinions

  1. Winfield v. GammonsAppellate Division of the Supreme Court of the State of New York · 2013
  2. Elkaim v. ElkaimAppellate Division of the Supreme Court of the State of New York · 1991
  3. Diamond v. DiamanteAppellate Division of the Supreme Court of the State of New York · 2008
  4. Kay Foundation v. S & F Towing Services of Staten Island, Inc.Appellate Division of the Supreme Court of the State of New York · 2006
  5. Nieves v. TomonskaAppellate Division of the Supreme Court of the State of New York · 2003

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3Cited by4 opinions

  1. Matter of Dior Z.J. (Dior J.)Appellate Division of the Supreme Court of the State of New York · 2016
  2. Giardina v. BaraschAppellate Division of the Supreme Court of the State of New York · 2015
  3. Commonwealth Land Title Ins. Co. v. IslamAppellate Division of the Supreme Court of the State of New York · 2023
  4. Matter of EshaghianAppellate Division of the Supreme Court of the State of New York · 2016

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