Legal Opinion
D.A.G. Floors, Inc. v. St. Paul Mercury Insurance
Appellate Division of the Supreme Court of the State of New York
Decided December 7, 2006PublishedCited by 1 opinion
1Opinion of the Court
Order, Supreme Court, New York County (Richard B. Lowe, *208III, J.), entered November 18, 2005, which granted defendant’s motion for summary judgment dismissing the complaint and denied plaintiff’s cross motion for summary judgment or for leave to amend the complaint, unanimously affirmed, with costs.
This action on a bond discharging a public improvement lien was commenced against the wrong surety, and leave to substitute the correct issuer of the bond was properly denied because the proposed amendment was palpably lacking in merit (see Thompson v Cooper, 24 AD3d 203, 205 [2005]). The action was…
2Cases cited8 opinions
- Global Minerals & Metals Corp. v. HolmeAppellate Division of the Supreme Court of the State of New York · 2006
- Recovery Consultants, Inc. v. Shih-HsiehAppellate Division of the Supreme Court of the State of New York · 1988
- Tri-City Electric Co. v. PeopleAppellate Division of the Supreme Court of the State of New York · 1983
- Tri-City Electric Co. v. PeopleNew York Court of Appeals · 1984
- Thompson v. CooperAppellate Division of the Supreme Court of the State of New York · 2005
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3Cited by1 opinion
- D & L Associates, Inc. v. New York City School Construction AuthorityAppellate Division of the Supreme Court of the State of New York · 2010