Legal Opinion
Boesch v. Nishball
Appellate Division of the Supreme Court of the State of New York
Decided May 21, 2001PublishedCited by 1 opinion
1Opinion of the Court
—In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Dutchess County (Pagones, J.), dated August 22, 2000, which denied his motion for leave to amend his answer to interpose an affirmative defense of medical emergency.
Ordered that the order is reversed, with costs, the motion is granted, and the defendant’s amended answer is deemed served.
Motions for leave to amend pleadings are to be liberally granted absent prejudice or surprise resulting directly from the delay (see, CPLR 3025 [b]; McCaskey, Davies & Assocs. v New York City…
2Cases cited5 opinions
- McCaskey, Davies & Associates, Inc. v. New York City Health & Hospitals Corp.New York Court of Appeals · 1983
- Norman v. FerraraAppellate Division of the Supreme Court of the State of New York · 1985
- Sentry Insurance v. Kero-Sun, Inc.Appellate Division of the Supreme Court of the State of New York · 1986
- Alejandro v. RiportellaAppellate Division of the Supreme Court of the State of New York · 1998
- Ficorilli v. ThomsenAppellate Division of the Supreme Court of the State of New York · 1999
3Cited by1 opinion
- Parisella v. Jack Haverty's Auto Parts, Inc.Appellate Division of the Supreme Court of the State of New York · 2002