Legal Opinion
Trataros Construction, Inc. v. New York City School Construction Authority
Appellate Division of the Supreme Court of the State of New York
Decided December 26, 2007PublishedCited by 18 opinions
1Opinion of the Court
In an action to recover damages for breach of contract, the defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Kings County (Schmidt, J.), dated June 16, 2006, as denied its motion for leave to amend the answer and for summary judgment dismissing the complaint.
Ordered that the order is affirmed insofar as appealed from, with costs.
In general, “[i]n the absence of prejudice or surprise to the opposing party, leave to amend a pleading should be freely granted unless the proposed amendment is palpably insufficient or patently devoid of merit” (G.K. Alan…
2Cases cited5 opinions
- G.K. Alan Assoc., Inc. v. LazzariAppellate Division of the Supreme Court of the State of New York · 2007
- Clarkin v. Staten Island University HospitalAppellate Division of the Supreme Court of the State of New York · 1997
- Sewkarran v. DeBellisAppellate Division of the Supreme Court of the State of New York · 2004
- Countrywide Funding Corp. v. ReynoldsAppellate Division of the Supreme Court of the State of New York · 2007
- Trataros Construction, Inc. v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 2006
3Cited by18 opinions
- Morris v. Queens Long Island Medical GroupAppellate Division of the Supreme Court of the State of New York · 2008
- CitiMortgage, Inc. v. NunezAppellate Division of the Supreme Court of the State of New York · 2021
- Scofield v. DeGroodtAppellate Division of the Supreme Court of the State of New York · 2008
- American Cleaners, Inc. v. American International Specialty Lines InsuranceAppellate Division of the Supreme Court of the State of New York · 2009
- T & V Constructiion, Inc. v. CalapaiAppellate Division of the Supreme Court of the State of New York · 2011
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