Brewster v. Baltimore & Ohio Railroad
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court erred in denying plaintiff’s motion to amend his complaint and bill of particulars. CPLR 3025 (b) provides that, "[a] party may amend his pleading * * * at any time by leave of court * * * Leave shall he freely given” (emphasis added). Although leave to amend was sought on the eve of trial, " '[w]here no prejudice is shown, the amendment may be allowed "during or even after trial” ’ ” (Loomis v Civetta Corrino Constr. Corp., 54 NY2d 18, 23, rearg denied 55…
2Cases cited9 opinions
- Murray v. City of New YorkNew York Court of Appeals · 1977
- Loomis v. Civetta Corinno Construction Corp.New York Court of Appeals · 1981
- Trusthouse Forte Management, Inc. v. Garden City Hotel, Inc.Appellate Division of the Supreme Court of the State of New York · 1984
- Rife v. Union CollegeAppellate Division of the Supreme Court of the State of New York · 1968
- Roach v. McGuire & Bennett, Inc.Appellate Division of the Supreme Court of the State of New York · 1989
4 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Gould Electronics Inc. v. United StatesCourt of Appeals for the Third Circuit · 2000
- Burnett v. Columbus McKinnon Corp.Appellate Division of the Supreme Court of the State of New York · 2009
- Benjamin v. DesaiAppellate Division of the Supreme Court of the State of New York · 1996
- Rogers v. South Slope Holding Corp.Appellate Division of the Supreme Court of the State of New York · 1998
- Schwab v. RussellAppellate Division of the Supreme Court of the State of New York · 1996
7 more not listed; retrieve them via the Exa API.