Legal Opinion
Best v. Nemoto Yutaka
New York Court of Appeals
Decided June 10, 1997PublishedCited by 19 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be reversed insofar as the appeal lies, with costs, and defendants’ motion for summary judgment denied. *
On the eve of the trial of this personal injury action, defendants moved for leave to amend their answer to assert the affirmative defense of release and for summary judgment dismissing the complaint on that basis. Plaintiff David Best alleged in an affidavit that the release was intended to cover property damages only. Plaintiffs’ counsel asked the court for an opportunity to conduct discovery on the issue of the…
2Cited by19 opinions
- Arnav Industries, Inc. Retirement Trust v. BrownNew York Court of Appeals · 2001
- Booth v. 3669 Delaware, Inc.New York Court of Appeals · 1998
- Oakes v. PatelNew York Court of Appeals · 2013
- Haynes v. GarezAppellate Division of the Supreme Court of the State of New York · 2003
- Consolidated Edison, Inc. v. Northeast UtilitiesDistrict Court, S.D. New York · 2004
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