Legal Opinion

Curreri v. Kirschenbaum

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

Decided January 10, 1994Published

1Opinion of the Court

—In an action, inter alia, for dissolution of a partnership, the defendant appeals from so much of an order of the Supreme Court, Westchester County (Ruskin, J.), entered July 25, 1991, as (1) denied his motion for leave to serve an amended answer which added a counterclaim, and (2) appointed a receiver for the partnership property.

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

The determination of whether to grant or deny a motion for leave to serve an amended pleading is a matter resting within the sound discretion of the trial court and will not lightly be set aside…

2Cases cited2 opinions

  1. Mathiesen v. MeadAppellate Division of the Supreme Court of the State of New York · 1990
  2. Garza v. VICO Utilities, Inc.Appellate Division of the Supreme Court of the State of New York · 1989

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