Legal Opinion
SCG Architects v. Smith, Buss & Jacobs, LLP
Appellate Division of the Supreme Court of the State of New York
Decided March 15, 2011PublishedCited by 1 opinion
1Opinion of the Court
The Supreme Court providently exercised its discretion in denying that branch of the defendant’s motion which was for leave to amend its answer to assert the affirmative defense of res judicata, as the proposed amendment was patently devoid of merit (see CPLR 3025 [b]; Rector v City of New York, 74 AD3d 771, 772 [2010]; Summit at Pomona, Ltd. v Village of Pomona, 72 AD3d 797, 799 [2010]; Lucido v Mancuso, 49 AD3d 220, 229 [2008]).
The Supreme Court also properly denied that branch of the defendant’s motion which was for leave to renew its prior motion, as the new facts proffered would not have…
2Cases cited6 opinions
- Lucido v. MancusoAppellate Division of the Supreme Court of the State of New York · 2008
- Worthy v. Good Samaritan Hospital Medical CenterAppellate Division of the Supreme Court of the State of New York · 2008
- Kletke v. GOS Corp.Appellate Division of the Supreme Court of the State of New York · 2008
- Summit at Pomona, Ltd. v. Village of PomonaAppellate Division of the Supreme Court of the State of New York · 2010
- Garfinkle Ltd. Partnership II v. 11 Mecox Bay Inn, Inc.Appellate Division of the Supreme Court of the State of New York · 2008
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3Cited by1 opinion
- Nicolia v. NicoliaAppellate Division of the Supreme Court of the State of New York · 2011