Legal Opinion
Rosenblum v. Frankl
Appellate Division of the Supreme Court of the State of New York
Decided December 30, 2008PublishedCited by 5 opinions
1Opinion of the Court
*961The Supreme Court providently exercised its discretion in denying the defendants’ motion for leave to amend their answer to assert counterclaims to recover punitive damages, and granted the plaintiffs cross motion to strike the eighth affirmative defense asserting their entitlement to punitive damages (see Yong Wen Mo v Gee Ming Chan, 17 AD3d 356 [2005]; Schwegel v Chiaramonte, 4 AD3d 519, 521 [2004]).
While it is true that leave to amend pleadings should be liberally granted (see CPLR 3025 [b]), it is equally true that “[w]here, as here, the proposed amendment is palpably insufficient as a…
2Cases cited7 opinions
- Shovak v. Long Island Commercial BankAppellate Division of the Supreme Court of the State of New York · 2008
- Yong Wen Mo v. Gee Ming ChanAppellate Division of the Supreme Court of the State of New York · 2005
- Morton v. Brookhaven Memorial HospitalAppellate Division of the Supreme Court of the State of New York · 2006
- Kantrowitz v. Allstate Indemnity Co.Appellate Division of the Supreme Court of the State of New York · 2008
- Thone v. Crown Equipment Corp.Appellate Division of the Supreme Court of the State of New York · 2006
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Stanley v. Amalithone Realty, Inc.New York Supreme Court · 2011
- Winters Bros. Recycling Corp. v. H.B. Millwork, Inc.Appellate Division of the Supreme Court of the State of New York · 2010
- Rimany v. Town of DoverAppellate Division of the Supreme Court of the State of New York · 2010
- Haberman v. Zoning Board of Appeals of City of Long BeachAppellate Division of the Supreme Court of the State of New York · 2010
- Rimany v. Town of DoverAppellate Division of the Supreme Court of the State of New York · 2010