Legal Opinion
Newton v. Aqua Flo Co.
Appellate Division of the Supreme Court of the State of New York
Decided December 14, 1984PublishedCited by 11 opinions
1Opinion of the Court
Order unanimously reversed, without costs, and motion granted. Memorandum: In an action to recover damages for wrongful death, defendants appeal from an order which denied their motion to amend their answer to assert an *920affirmative seatbelt defense. Absent prejudice or surprise, leave to amend shall be freely granted (CPLR 3025, subd [b]). Upon consideration of the motion, Special Term should not examine the merits or legal sufficiency of the proposed amendment unless the proposed pleading is clearly and patently insufficient on its face, a circumstance not present here (see De Forte v…
2Cases cited5 opinions
- Spier v. BarkerNew York Court of Appeals · 1974
- De Forte v. Allstate InsuranceAppellate Division of the Supreme Court of the State of New York · 1978
- Karras v. County of WestchesterAppellate Division of the Supreme Court of the State of New York · 1979
- Wardlaw v. Ford Marketing Corp.Appellate Division of the Supreme Court of the State of New York · 1976
- Seip v. EspositoAppellate Division of the Supreme Court of the State of New York · 1980
3Cited by11 opinions
- Balsam v. Delma Engineering Corp.Appellate Division of the Supreme Court of the State of New York · 1988
- Begandy v. RichardsonNew York Supreme Court · 1987
- National States Electric Corp. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1996
- Zollinger v. Owens-Brockway Glass Container, Inc.District Court, N.D. New York · 2002
- Kusak v. Allstate InsuranceAppellate Division of the Supreme Court of the State of New York · 1993
6 more not listed; retrieve them via the Exa API.