Legal Opinion
Silvin v. Karwoski
Appellate Division of the Supreme Court of the State of New York
Decided September 30, 1997PublishedCited by 10 opinions
1Opinion of the Court
Order unanimously affirmed with costs. Memorandum: In the absence of prejudice to the nonmoving party and where the amendment is not “plainly lacking in merit” (Sabol & Rice v Poughkeepsie Galleria Co., 175 AD2d 555, 556), leave to amend pleadings should be “freely given” (CPLR 3025 [b]). In light of the facts that defendant, who had a serious long-term alcohol problem, drove her automobile at the time of the accident with a blood alcohol level of .23%; was staggering and needed support to walk when the police arrived; and, by her own admission, drove her automobile when she knew that she was…
2Cases cited3 opinions
- Loomis v. Civetta Corinno Construction Corp.New York Court of Appeals · 1981
- Rinaldo v. MashayekhiAppellate Division of the Supreme Court of the State of New York · 1992
- Sabol & Rice, Inc. v. Poughkeepsie Galleria Co.Appellate Division of the Supreme Court of the State of New York · 1991
3Cited by10 opinions
- Letterman v. ReddingtonAppellate Division of the Supreme Court of the State of New York · 2000
- Rinker v. OberoiAppellate Division of the Supreme Court of the State of New York · 2000
- Gershman v. AhmadAppellate Division of the Supreme Court of the State of New York · 2017
- Kocak v. EgertAppellate Division of the Supreme Court of the State of New York · 2001
- LaPorta v. Wilmorite, Inc.Appellate Division of the Supreme Court of the State of New York · 2002
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