Legal Opinion

A.L. Eastmond & Sons, Inc. v. Keevily, Spero-Whitelaw, Inc.

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

Decided June 13, 2013PublishedCited by 2 opinions

1Opinion of the Court

Order, Supreme Court, Bronx County (Wilma Guzman, J.), entered October 25, 2012, which, upon granting plaintiffs motion to reargue, denied its motion to amend the complaint and add a new defendant, unanimously affirmed, with costs.

Under the circumstances, plaintiff’s motion to amend its complaint to assert fraud claims and add a defendant, made approximately three and one half months after depositions were taken, was not unduly delayed (see Kocourek v Booz Allen Hamilton Inc., 85 AD3d 502, 504 [1st Dept 2011]). Nonetheless, plaintiff failed to demonstrate that its proposed amendment is…

2Cases cited7 opinions

  1. Non-Linear Trading Co. v. Braddis Associates, Inc.Appellate Division of the Supreme Court of the State of New York · 1998
  2. MBIA Insurance v. Greystone & Co.Appellate Division of the Supreme Court of the State of New York · 2010
  3. Henry v. . AllenNew York Court of Appeals · 1896
  4. Kocourek v. Booz Allen Hamilton Inc.Appellate Division of the Supreme Court of the State of New York · 2011
  5. Bodtman v. Living Manor Love, Inc.Appellate Division of the Supreme Court of the State of New York · 2013

2 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Flores v. Infrastructure Repair Service, LLCNew York Supreme Court · 2015
  2. 42-50 21st Street Realty LLC v. First Central Savings BankDistrict Court, E.D. New York · 2022

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