Legal Opinion
Joefield v. New York City Transit Authority
Appellate Division of the Supreme Court of the State of New York
Decided October 18, 2004PublishedCited by 4 opinions
1Opinion of the Court
In an action to recover damages for personal injuries, the plaintiff appeals from so much of an order of the Supreme Court, Queens County (Durante, J,), dated October 22, 2003, as, upon renewal, adhered to its prior determination in an order dated March 20, 2003, denying her motion for leave to amend the complaint to increase the ad damnum clause.
Ordered that the order is affirmed insofar as appealed from, with costs.
While leave to amend a complaint should be liberally granted (see CPLR 3025 [b]), “a plaintiff does not have the absolute right to amend the complaint by increasing the ad damnum…
2Cases cited8 opinions
- Dolan v. Garden City Union Free School DistrictAppellate Division of the Supreme Court of the State of New York · 1985
- Koi v. P. S. & M. Catering Corp.Appellate Division of the Supreme Court of the State of New York · 1962
- Brennan v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1984
- London v. MooreAppellate Division of the Supreme Court of the State of New York · 1969
- Savory v. Romex Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1993
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Russell v. DunbarAppellate Division of the Supreme Court of the State of New York · 2007
- Cohen v. KimAppellate Division of the Supreme Court of the State of New York · 2005
- Sealy v. MorrisAppellate Division of the Supreme Court of the State of New York · 2012
- Sealy v. MorrisAppellate Division of the Supreme Court of the State of New York · 2012