Gomez v. Fischer
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*1196Contrary to petitioner’s assertion, leave of court is indeed required to supplement a pleading absent the stipulation of all parties (see CPLR 3025 [b]; 7804 [d]; Altman v Broadway Realty Co., 101 AD2d 83, 86 [1984]; Patrick Connors, Practice Commentaries, McKinney’s Cons Laws of NY, Book 7B, CPLR 03025:9). Petitioner did not obtain that leave and, given his failure to explain why he did not include the documents as part of his initial petition, we find no abuse of discretion in Supreme Court refusing to consider them (see Nelson v State of New York, 67 AD3d 1142, 1143 [2009]; Industrial…
2Cases cited8 opinions
- Fink v. LefkowitzNew York Court of Appeals · 1979
- Russo v. Nassau County Community CollegeNew York Court of Appeals · 1993
- Cody v. FischerAppellate Division of the Supreme Court of the State of New York · 2011
- Nelson v. StateAppellate Division of the Supreme Court of the State of New York · 2009
- McKethan v. SelskyAppellate Division of the Supreme Court of the State of New York · 2002
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3Cited by12 opinions
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- Matter of Campbell-Lui v. New York City Dept. of Educ.Appellate Division of the Supreme Court of the State of New York · 2022
- Matter of Carelock v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2016
7 more not listed; retrieve them via the Exa API.