Legal Opinion

Board of Managers of the Waterford Ass'n v. Samii

Appellate Division of the Supreme Court of the State of New York

Decided December 17, 2009PublishedCited by 2 opinions

1Opinion of the Court

Although the counterclaims as to which defendant sought to amend her answer to include a demand for punitive damages were dismissed by a subsequent order of the court, defendant maintains that she intends to appeal from that order as well. Under the circumstances, and in the interest of efficiency and *586judicial economy, we find it would be inappropriate to dismiss the instant appeal as moot.

Defendant’s own evidence in support of the motion shows that plaintiff did make some efforts to address the problem leaks in a manner that would have avoided the need for access to controlling valves in…

2Cases cited3 opinions

  1. Ross v. Louise Wise Services, Inc.New York Court of Appeals · 2007
  2. Gellman v. Seawane Golf & Country Club, Inc.Appellate Division of the Supreme Court of the State of New York · 2005
  3. Vitra, Inc. v. Soho House, LLCAppellate Division of the Supreme Court of the State of New York · 2008

3Cited by2 opinions

  1. Leighton v. LowenbergAppellate Division of the Supreme Court of the State of New York · 2013
  2. Leighton v. LowenbergAppellate Division of the Supreme Court of the State of New York · 2013

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