Legal Opinion

Yonker v. Amol Motorcycles, Inc.

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

Decided May 14, 1990PublishedCited by 9 opinions

1Opinion of the Court

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Orange County (Hickman, J.), dated January 27, 1989, which granted the motion of the defendant Bayerische Motoren Werke, AG., pursuant to CPLR 3211, to dismiss the plaintiff’s amended complaint insofar as it is against it.

Ordered that the order is affirmed, with costs.

The plaintiff failed to obtain leave pursuant to CPLR 3025 (b) and 1003 to serve an "amended summons and complaint” purporting to join Bayerische Motoren Werke, AG. (hereinafter BMW), as a party defendant. Generally,…

2Cases cited4 opinions

  1. Catanese v. LipschitzAppellate Division of the Supreme Court of the State of New York · 1974
  2. McDaniel v. Clarkstown Central District No. 1Appellate Division of the Supreme Court of the State of New York · 1981
  3. Camacho v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1985
  4. Gross v. BFH Co.Appellate Division of the Supreme Court of the State of New York · 1989

3Cited by9 opinions

  1. Peterkin v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2002
  2. Ospina v. Vimm Corp.Appellate Division of the Supreme Court of the State of New York · 1994
  3. C.B. Foods, Inc. v. Quarex Co.Appellate Division of the Supreme Court of the State of New York · 1994
  4. Crair v. Brookdale Hospital Medical CenterAppellate Division of the Supreme Court of the State of New York · 1999
  5. Mekkelson v. Morris L. Cleverley EngineeringAppellate Division of the Supreme Court of the State of New York · 1992

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