Legal Opinion
Schelchere v. Halls
Appellate Division of the Supreme Court of the State of New York
Decided August 27, 2014No. 2014-00660PublishedCited by 2 opinions
1Opinion of the Court
In an action to recover damages for personal injuries, the plaintiffs appeal from an order of the Supreme Court, Kings County (Bayne, J.), dated November 20, 2013, which denied their motion for leave to amend the complaint to assert additional causes of action alleging negligent infliction of emotional distress and breach of contract.
Ordered that the order is affirmed, with costs.
Leave to amend pleadings should be freely given, provided that the proposed amendment does not prejudice or surprise the opposing party and is not palpably insufficient or patently devoid of merit (see Edenwald…
2Cases cited10 opinions
- Edenwald Contracting Co. v. City of New YorkNew York Court of Appeals · 1983
- Heller v. Louis Provenzano, Inc.Appellate Division of the Supreme Court of the State of New York · 2003
- Caruso v. Anpro, Ltd.Appellate Division of the Supreme Court of the State of New York · 1995
- Drake v. DrakeAppellate Division of the Supreme Court of the State of New York · 2002
- Whalen v. 50 Sutton Place South Owners, Inc.Appellate Division of the Supreme Court of the State of New York · 2000
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3Cited by2 opinions
- Vidal v. Claremont 99 Wall, LLCAppellate Division of the Supreme Court of the State of New York · 2015
- Burke, Albright, Harter & Rzepka LLP v. SillsAppellate Division of the Supreme Court of the State of New York · 2020