Legal Opinion

Marcum, LLP v. Silva

Appellate Division of the Supreme Court of the State of New York

Decided May 21, 2014Published

1Opinion of the Court

In an action to recover damages for breach of contract, the defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Nassau County (DeStefano, J.), dated September 12, 2012, as denied those branches of their separate cross motions which were pursuant to CPLR 3025 (b) for leave to amend their answers to assert proposed counterclaims and the first through sixth, eighth, and ninth proposed affirmative defenses.

Ordered that the order is modified, on the law, by deleting the provision thereof denying those branches of the defendants’ separate cross motions which…

2Cases cited19 opinions

  1. Edenwald Contracting Co. v. City of New YorkNew York Court of Appeals · 1983
  2. Nassau Trust Co. v. Montrose Concrete Products Corp.New York Court of Appeals · 1982
  3. Lucido v. MancusoAppellate Division of the Supreme Court of the State of New York · 2008
  4. Fundamental Portfolio Advisors, Inc. v. Tocqueville Asset Management, L.P.New York Court of Appeals · 2006
  5. Hadden v. Consolidated Edison Co.New York Court of Appeals · 1978

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