Legal Opinion
M.A. Angeliades, Inc. v. Hill International, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided May 25, 2017No. 601955/09PublishedCited by 2 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Lynn R. Kotler, J.), entered July 29, 2016, which granted plaintiffs motion to amend the complaint, unanimously affirmed, without costs.
The motion court properly exercised its discretion in allowing plaintiff to amend the complaint, because the facts underlying the amendment were made known to defendant when the original complaint was filed and the amendment seeks only to add a new theory of liability based on those facts (see Estrella v New York City Tr. Auth., 6 AD3d 305, 306 [1st Dept 2004]). Although defendant had the burden to establish prejudice,…
2Cases cited5 opinions
- Dumesnil v. Proctor & Schwartz, IncAppellate Division of the Supreme Court of the State of New York · 1993
- Pier 59 Studios v. PiersAppellate Division of the Supreme Court of the State of New York · 2007
- Leslie v. HymesAppellate Division of the Supreme Court of the State of New York · 1977
- Estrella v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2004
- Aldrich v. Northern Leasing Systems, Inc.Appellate Division of the Supreme Court of the State of New York · 2015
3Cited by2 opinions
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