Legal Opinion
Leek v. McGlone
Appellate Division of the Supreme Court of the State of New York
Decided May 9, 1988PublishedCited by 4 opinions
1Opinion of the Court
While we agree with the defendant Kendall Leek that the allegations contained in the original complaint sounded exclusively in negligent supervision and negligent entrustment, and as such, failed to state a cause of action upon which his injured daughter could recover against him (see, Nolechek v Gesuale, 46 NY2d 332; Holodook v Spencer, 36 NY2d 35), the Supreme Court, Suffolk County, did not abuse its discretion in permitting the amendment of the complaint under the circumstances presented (see, CPLR 3025 [b]; McCaskey, Davies & Assocs. v New York City Health & Hosps. Corp., 59 NY2d 755).
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2Cases cited8 opinions
- Holodook v. SpencerNew York Court of Appeals · 1974
- McCaskey, Davies & Associates, Inc. v. New York City Health & Hospitals Corp.New York Court of Appeals · 1983
- Nolechek v. GesualeNew York Court of Appeals · 1978
- Grivas v. GrivasAppellate Division of the Supreme Court of the State of New York · 1985
- Hurst v. TitusAppellate Division of the Supreme Court of the State of New York · 1980
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3Cited by4 opinions
- Maldonado v. Newport Gardens, Inc.Appellate Division of the Supreme Court of the State of New York · 2012
- Adolph E. v. Linda M.Appellate Division of the Supreme Court of the State of New York · 1991
- Hoppe v. HoppeAppellate Division of the Supreme Court of the State of New York · 2001
- Ruffing v. Union Carbide Corp.New York Supreme Court · 2000