Danise v. Agway Energy Products
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Mikoll, J. P.
Appeal from an order of the Supreme Court (Best, J.), entered October 10, 1997 in Montgomery County, which granted plaintiffs motion for leave to amend his complaint.
Supreme Court allowed the amendment of plaintiffs complaint reinstating a cause of action under Navigation Law § 181 (5) which the court had previously dismissed. The court concluded that since the cause of action had been pleaded in the original complaint and there was an intervening change of law, and the same facts stated in the negligence cause of action applied to the Navigation Law cause of action, no prejudice…
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- A. Servidone, Inc. v. Bridge Technologies, L. L. C.Appellate Division of the Supreme Court of the State of New York · 2001
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