Legal Opinion
Zeleznik v. MSI Construction, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided April 22, 2008PublishedCited by 5 opinions
1Opinion of the Court
In an action to recover damages for breach of contract, the plaintiffs appeal from an order of the Supreme Court, Dutchess County (Dolan, J.), dated April 24, 2007, which denied their motion pursuant to CPLR 3025 (b) for leave to serve an amended complaint.
Ordered that the order is affirmed, with costs.
*1025Although leave to amend a pleading is to be freely given absent surprise or prejudice resulting from the delay, the determination whether to grant such leave is within the discretion of the motion court, and the exercise of that discretion will not be lightly disturbed (see CPLR 3025 [b]; Young…
2Cases cited4 opinions
- Lucido v. MancusoAppellate Division of the Supreme Court of the State of New York · 2008
- Sewkarran v. DeBellisAppellate Division of the Supreme Court of the State of New York · 2004
- Travelers Property Casualty v. PowellAppellate Division of the Supreme Court of the State of New York · 2001
- Young v. A. Holly Patterson Geriatric CenterAppellate Division of the Supreme Court of the State of New York · 2005
3Cited by5 opinions
- Ferrandino & Son, Inc. v. Wheaton Builders, Inc.Appellate Division of the Supreme Court of the State of New York · 2011
- Strunk v. PatersonAppellate Division of the Supreme Court of the State of New York · 2016
- DeMartino v. GoldenAppellate Division of the Supreme Court of the State of New York · 2017
- Silverman v. Potruch & Daab, LLCAppellate Division of the Supreme Court of the State of New York · 2016
- Merlino v. KnudsonAppellate Division of the Supreme Court of the State of New York · 2023