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Legal Opinion · Dissent

McHale v. Anthony

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

Decided June 21, 2007Published

1Dissent

Sweeny and McGuire, JJ.,

dissent in a memorandum by McGuire, J., as follows: I respectfully dissent as I would deny plaintiffs’ motion for leave to amend the summons and complaint to add a subrogation cause of action on behalf of Liberty Mutual Insurance Company (Liberty) without prejudice to a new application on proper papers.

Although plaintiffs moved for leave to amend the complaint to add a subrogation cause of action on behalf of the ostensible plaintiff Liberty, plaintiffs conclusory motion papers do not state that Liberty supported or even had notice of the motion. Notably, no notice of…

2Cases cited7 opinions

  1. In re Grand Jury Subpoenas for Local 17, 135, 257 & 608 of United Brotherhood of Carpenters & Joiners of AmericaNew York Court of Appeals · 1988
  2. Security Pacific National Bank v. EvansAppellate Division of the Supreme Court of the State of New York · 2006
  3. Rattner v. YorkAppellate Division of the Supreme Court of the State of New York · 1991
  4. Reis v. ZimmerAppellate Division of the Supreme Court of the State of New York · 1999
  5. Murray v. State Liquor AuthorityAppellate Division of the Supreme Court of the State of New York · 1988

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