Legal Opinion
Girardin v. Town of Hempstead
Appellate Division of the Supreme Court of the State of New York
Decided November 28, 1994PublishedCited by 5 opinions
1Opinion of the Court
—In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Nassau County (Levitt, J.j, dated May 24, 1993, which granted the defendants’ motion to amend their answers pursuant to CPLR 3025 (b) to include the affirmative defense of res judicata and dismissed the complaint.
Ordered that the order is affirmed, with costs.
It is well established that leave to amend shall be freely given pursuant to CPLR 3025 (b), absent prejudice or surprise. The determination to grant leave rests with the discretion of the court and should be made on a…
2Cases cited4 opinions
- Mayers v. D'AgostinoNew York Court of Appeals · 1982
- Fulford v. Baker Perkins, Inc.Appellate Division of the Supreme Court of the State of New York · 1984
- Department of Social Services ex rel. Katherine McL. v. Jay W.Appellate Division of the Supreme Court of the State of New York · 1984
- Gallo v. AielloAppellate Division of the Supreme Court of the State of New York · 1988
3Cited by5 opinions
- Skinner v. ScobboAppellate Division of the Supreme Court of the State of New York · 1995
- Roberts v. Alexander's, Inc.Appellate Division of the Supreme Court of the State of New York · 1996
- Olencki v. Presbyterian HospitalAppellate Division of the Supreme Court of the State of New York · 2004
- Goodarzi v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1995
- Zambrano v. Makita Corp.Appellate Division of the Supreme Court of the State of New York · 1998