Legal Opinion
Comice v. Justin's Restaurant
Appellate Division of the Supreme Court of the State of New York
Decided November 3, 2010PublishedCited by 5 opinions
1Opinion of the Court
In an action, inter alia, to recover damages for assault and battery, and intentional infliction of emotional distress, the plaintiff appeals from an order of the Supreme Court, Kings County (Solomon, J.), dated September 10, 2008, which denied his motion pursuant to CPLR 1003 for leave to amend the summons and complaint to add Andre Suite as a defendant and, in effect, pursuant to CPLR 1024 to name Andre Suite as a defendant in lieu of “John Doe.”
Ordered that the order is affirmed, with costs.
The Supreme Court properly denied that branch of the plaintiffs motion which was pursuant to CPLR…
2Cases cited9 opinions
- Buran v. CoupalNew York Court of Appeals · 1995
- Justin v. OrshanAppellate Division of the Supreme Court of the State of New York · 2005
- Porter v. Kingsbrook OB/GYN Associates, P. C.Appellate Division of the Supreme Court of the State of New York · 1994
- Arsell v. Mass One LLCAppellate Division of the Supreme Court of the State of New York · 2010
- Scoma v. DoeAppellate Division of the Supreme Court of the State of New York · 2003
4 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Temple v. New York Community Hospital of BrooklynAppellate Division of the Supreme Court of the State of New York · 2011
- Holmes v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2015
- Stevens v. Winthrop South Nassau University Health System, Inc.Appellate Division of the Supreme Court of the State of New York · 2011
- Karagiannis v. North Shore Long Island Jewish Health System, Inc.Appellate Division of the Supreme Court of the State of New York · 2011
- DeMarzo v. Cuba Hill Elementary Sch.Appellate Division of the Supreme Court of the State of New York · 2023