Legal Opinion
Birdsall v. City of New York
Appellate Division of the Supreme Court of the State of New York
Decided December 6, 1977PublishedCited by 6 opinions
1Opinion of the Court
Order, Supreme Court, Bronx County, entered July 2, 1976, denying third-party defendant-appellant’s motion for an order for leave to serve an amended answer, unanimously affirmed, without costs and without disbursements. Appeal from order of the same court, entered October 1, 1976, denying third-party defendant-appellant’s motion for "reargument, reconsideration and renewal” of their prior motion for leave to serve an amended answer, unanimously dismissed as nonappealable, without costs and without disbursements. Though it should be freely granted (CPLR 3025, subd [b]), leave to amend rests…
2Cases cited5 opinions
- Harriss v. TamsNew York Court of Appeals · 1932
- Kelly v. YannottiNew York Court of Appeals · 1958
- James-Smith v. RottenbergAppellate Division of the Supreme Court of the State of New York · 1969
- De Fabio v. Nadler Rental Service, Inc.Appellate Division of the Supreme Court of the State of New York · 1967
- L. B. Foster Co. v. Terry Contracting, Inc.Appellate Division of the Supreme Court of the State of New York · 1966
3Cited by6 opinions
- Van Dussen-Storto Motor Inn, Inc. v. Rochester Telephone Corp.Appellate Division of the Supreme Court of the State of New York · 1978
- Oil Heat Institute of Long Island Insurance Trust v. RMTS AssociatesAppellate Division of the Supreme Court of the State of New York · 2004
- Shanahan v. ShanahanAppellate Division of the Supreme Court of the State of New York · 1983
- Bray Terminals, Inc. v. Grand Union Co.Appellate Division of the Supreme Court of the State of New York · 1980
- Lattanzio v. LattanzioAppellate Division of the Supreme Court of the State of New York · 2008
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