Legal Opinion
Abril v. Syntex Laboratories, Inc.
New York Supreme Court
Decided January 7, 1975PublishedCited by 2 opinions
1Opinion of the CourtSamuel J. Silverman, J.
Motion by the individual defendants for leave to amend their answer to assert the affirmative defense of the one-year Statute of Limitations of CPLR 215 (subd 3) (assault and battery) to the seventh cause of action in the complaint.
1. CPLR 3025 (subd [b]) states that "leave [to amend pleadings] shall be freely given.” No prejudice appears from the granting of such leave. Accordingly, such leave is granted.
2. Strictly speaking that is all the notice of motion asks. But the parties have argued the merits of the defense. It would be wasteful of everybody’s time now to remit plaintiffs to making…
2Cases cited6 opinions
- Schloendorff v. Society of the New York HospitalNew York Court of Appeals · 1914
- Fogal v. Genesee HospitalAppellate Division of the Supreme Court of the State of New York · 1973
- Cox v. StrettonNew York Supreme Court · 1974
- Pearl v. LesnickNew York Court of Appeals · 1967
- Bruse v. BricknerNew York Supreme Court · 1974
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Sangdahl v. LittonDistrict Court, S.D. New York · 1976
- In re EichnerNew York Supreme Court · 1979