Legal Opinion
D'Onofrio v. St. Joseph's Hospital Health Center
Appellate Division of the Supreme Court of the State of New York
Decided April 12, 1984PublishedCited by 8 opinions
1Opinion of the Court
Order unanimously reversed, with costs, and motion granted. Memorandum: Special Term erred in denying plaintiffs’ motion for leave to serve an amended complaint (CPLR 3025, subd [b]). Leave to amend pleadings should not be denied on the basis of “‘lateness’” unless it is “ ‘coupled with significant prejudice to the other side, the very elements of the laches doctrine.’ ” (Edenwald Contr. Co. v City of New York, 60 NY2d 957, 959, quoting Siegel, Practice Commentaries, McKinney’s Cons Laws of NY, Book 7B, CPLR C3025:5, p 477.) It is well settled that it is an abuse of discretion as a matter of…
2Cases cited4 opinions
- Edenwald Contracting Co. v. City of New YorkNew York Court of Appeals · 1983
- Murray v. City of New YorkNew York Court of Appeals · 1977
- Cardy v. FreyAppellate Division of the Supreme Court of the State of New York · 1982
- Stornelli v. Aakron Rule Corp.Appellate Division of the Supreme Court of the State of New York · 1982
3Cited by8 opinions
- Sassone v. Town of QueensburyAppellate Division of the Supreme Court of the State of New York · 1990
- Show Car Speed Shop, Inc. v. United States Fidelity & Guaranty Co.Appellate Division of the Supreme Court of the State of New York · 1993
- Napolitano v. Corp.Appellate Division of the Supreme Court of the State of New York · 1998
- Lechtrecker v. LechtreckerAppellate Division of the Supreme Court of the State of New York · 1991
- Stengel v. Clarence Materials Corp.Appellate Division of the Supreme Court of the State of New York · 1988
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