Legal Opinion

Nieves v. 1097 Walton Realty Co.

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

Decided October 24, 1995PublishedCited by 4 opinions

1Opinion of the Court

—Order, Supreme Court, Bronx County (Jerry Crispino, J.), entered on or about June 30, 1994, which, inter alia, denied defendant-appellant’s motion for leave to amend its answer to assert counterclaims against plaintiff mother and granted plaintiffs cross motion to strike defendant-appellant’s first and second affirmative defenses of culpable conduct and assumption of the risk, unanimously affirmed, with costs.

We agree with the IAS Court that the proposed counterclaims were simply a disingenuous attempt to assert a negligent supervision claim against the plaintiff mother contrary to…

2Cases cited1 opinion

  1. Holodook v. SpencerNew York Court of Appeals · 1974

3Cited by4 opinions

  1. Crespo v. A.D.A. ManagementAppellate Division of the Supreme Court of the State of New York · 2002
  2. Cortes v. Riverbridge Realty Co.Appellate Division of the Supreme Court of the State of New York · 1996
  3. Muñoz v. Mael Equities, Inc.Appellate Division of the Supreme Court of the State of New York · 2001
  4. Bracero v. 2780 Realty Co.Appellate Division of the Supreme Court of the State of New York · 1995

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