Citibank v. Suthers
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Cardamone, J. P.
Appellants on this appeal claim that Special Term abused its discretion when it refused to permit them to amend their counterclaim as of right and also denied them leave to amend the same pleading under CPLR 3025 (subds [a], [b]).
The pleading question arose from litigation instituted by Citibank (New York State), N. A. (Bank) against defendant-appellants, Markley and Melinda Suthers. It is alleged that between October, 1973 and February, 1974 the Bank advanced $85,000 to Coe-Fisher Lumber, Inc. The loan was guaranteed by the Suthers on October 26, 1973.…
2Cases cited10 opinions
- Siegel v. KranisAppellate Division of the Supreme Court of the State of New York · 1968
- Caffaro v. TraynaNew York Court of Appeals · 1974
- Grago v. RobertsonAppellate Division of the Supreme Court of the State of New York · 1975
- Dittmar Explosives, Inc. v. A. E. Ottaviano, Inc.New York Court of Appeals · 1967
- Gilbert Properties, Inc. v. MillsteinNew York Court of Appeals · 1973
5 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Schoenrock v. TappeSouth Dakota Supreme Court · 1988
- Muller v. SturmanAppellate Division of the Supreme Court of the State of New York · 1981
- Bosse v. QuamSouth Dakota Supreme Court · 1995
- Gurkewitz v. HabermanCalifornia Court of Appeal · 1982
- Oppel v. Empire Mutual InsuranceDistrict Court, S.D. New York · 1981
16 more not listed; retrieve them via the Exa API.