Legal Opinion
Flowers v. 73rd Townhouse LLC
Appellate Division of the Supreme Court of the State of New York
Decided April 4, 2017No. 3638N 651036/10PublishedCited by 3 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Nancy Bannon, J.), entered October 15, 2014, which denied plaintiff’s motion for leave to amend the second amended complaint, unanimously modified, on the law and the facts and in the exercise of discretion, to grant the motion except as to beneficiary liability (part of proposed new count XVI), and, as so modified, affirmed, without costs.
Defendants failed to show that they would be prejudiced by the amendment (see CPLR 3025 [b]; Cherebin v Empress Ambulance Serv., Inc., 43 AD3d 364, 365 [1st Dept 2007]). Mere delay is not a sufficient basis on which to…
2Cases cited12 opinions
- In re the Estate of RothkoNew York Court of Appeals · 1977
- Cherebin v. Empress Ambulance Service, Inc.Appellate Division of the Supreme Court of the State of New York · 2007
- Daniels v. Empire-Ore, Inc.Appellate Division of the Supreme Court of the State of New York · 1989
- Shisgal v. BrownAppellate Division of the Supreme Court of the State of New York · 2005
- Chase Manhattan Bank v. 264 Water Street AssociatesAppellate Division of the Supreme Court of the State of New York · 1991
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3Cited by3 opinions
- Schiff v. ABI One LLCAppellate Division of the Supreme Court of the State of New York · 2017
- Conway v. KaplanAppellate Division of the Supreme Court of the State of New York · 2021
- Shareholder Representative Servs. LLC v. NASDAQ OMX Group, Inc.Appellate Division of the Supreme Court of the State of New York · 2019