Legal Opinion
Farrell v. K.J.D.E. Corp.
Appellate Division of the Supreme Court of the State of New York
Decided November 19, 1997PublishedCited by 11 opinions
1Opinion of the Court
—Order unanimously modified on the law and as modified affirmed without costs in accordance with following Memorandum: Supreme Court properly permitted plaintiff to amend the complaint to state causes of action for breach of contract and unjust enrichment. The court erred, however, in granting plaintiff leave to amend the complaint to assert causes of action for rescission, fraud and punitive damages. “It is incumbent upon one seeking leave to amend a pleading to make an evidentiary showing that the claim can be supported” (Sober v Kalina, 208 AD2d 1140; see, Tenenbaum v Long Beach Mem.…
2Cases cited5 opinions
- Salch v. ParatoreNew York Court of Appeals · 1983
- Anderson v. WHEC-TVAppellate Division of the Supreme Court of the State of New York · 1983
- Burgess Steel Products Corp. v. Modern Telecommunications, Inc.Appellate Division of the Supreme Court of the State of New York · 1994
- Sober v. KalinaAppellate Division of the Supreme Court of the State of New York · 1994
- Tenenbaum v. Long Beach Memorial HospitalAppellate Division of the Supreme Court of the State of New York · 1994
3Cited by11 opinions
- McFarland v. MichelAppellate Division of the Supreme Court of the State of New York · 2003
- Dever v. DeVitoAppellate Division of the Supreme Court of the State of New York · 2011
- Holst v. LiberatoreAppellate Division of the Supreme Court of the State of New York · 2013
- Gold Medal Packing, Inc. v. RubinAppellate Division of the Supreme Court of the State of New York · 2004
- Great Lakes Motor Corp. v. JohnsonAppellate Division of the Supreme Court of the State of New York · 2017
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