Legal Opinion

Murphy v. Capone

Appellate Division of the Supreme Court of the State of New York

Decided December 3, 1990Published

1Opinion of the Court

In an action, inter alia, to recover damages for defamation, the defendants appeal from so much of an order of the Supreme Court, Westchester County (Palella, J.), entered July 14, 1989, as granted that branch of the plaintiffs motion which was for leave to serve a third amended verified complaint.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court did not improvidently exercise its discretion in granting the plaintiff leave to serve a third amended verified complaint (see, Murray v City of New York, 43 NY2d 400). As the defendants concede, the amendments…

2Cases cited5 opinions

  1. Murray v. City of New YorkNew York Court of Appeals · 1977
  2. Sentry Insurance v. Kero-Sun, Inc.Appellate Division of the Supreme Court of the State of New York · 1986
  3. Powe v. City of AlbanyAppellate Division of the Supreme Court of the State of New York · 1987
  4. Anteri v. NRS Construction Corp.Appellate Division of the Supreme Court of the State of New York · 1989
  5. Murphy v. CaponeAppellate Division of the Supreme Court of the State of New York · 1990

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