Legal Opinion
Herrick v. Second Cuthouse, Ltd.
New York Court of Appeals
Decided December 13, 1984PublishedCited by 32 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs.
Exercising their discretion, the courts below granted defendant’s motion to amend its answer to include the defenses of setoff and apportionment. The Appellate Division granted leave to appeal to this court and certified the following question: “Was the order of this court, dated April 30,1984 properly made?” We cannot say that the proposed defenses plainly lacked merit or that a showing of prejudice to plaintiff in allowing the amendment had been made (see Siegel, Practice Commentaries,…
2Cases cited1 opinion
- Brady v. Ottaway Newspapers, Inc.New York Court of Appeals · 1984
3Cited by32 opinions
- Small v. Lorillard Tobacco Co.New York Court of Appeals · 1999
- Thomas Crimmins Contracting Co. v. City of New YorkNew York Court of Appeals · 1989
- Weinberg v. Hertz Corp.New York Court of Appeals · 1987
- Hirschfeld v. HirschfeldNew York Court of Appeals · 1987
- Johnson v. PlotkinAppellate Division of the Supreme Court of the State of New York · 1991
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