Legal Opinion
Pezzolanella v. Galloway
Utica City Court
Decided June 26, 1986PublishedCited by 6 opinions
1Opinion of the Court
*430OPINION OF THE COURT
Anthony J. Garramone, J.
Petitioner moves this court for an order pursuant to CPLR 404 (b) striking the affirmative defense and counterclaim contained in the answer of the respondent or, in the alternative, an order requiring respondent to serve an amended answer and counterclaim.
The pertinent facts are undisputed. On February 9, 1986, respondent’s infant child was injured at certain premises, owned by the petitioner, and leased by the respondent. Respondent alleges that the ceiling in the kitchen collapsed, striking the said infant. Said collapse, respondent alleges, was…
2Cases cited8 opinions
- Park West Management Corp. v. MitchellNew York Court of Appeals · 1979
- Curry v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1980
- Kaplan v. CoulstonCivil Court of the City of New York · 1976
- Segal v. Justice Court Mutual Housing Cooperative, Inc.Civil Court of the City of New York · 1980
- Segal v. Justice Court Mutual Housing Cooperative, Inc.Appellate Terms of the Supreme Court of New York · 1981
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- German v. Federal Home Loan Mortgage Corp.District Court, S.D. New York · 1995
- Carpenter v. SmithAppellate Division of the Supreme Court of the State of New York · 1993
- Helfrich v. Valdez Motel Corp.Alaska Supreme Court · 2009
- Weil v. KaplanAppellate Terms of the Supreme Court of New York · 1997
- Weil v. KaplanNassau County District Court · 1996
1 more not listed; retrieve them via the Exa API.