Sleepy's, Inc. v. Orzechowski
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action, inter alia, to recover damages for breach of contract, the plaintiff appeals from an order of the Supreme Court, Nassau County (Warshawsky, J.), entered September 24, 2003, which denied its motion for leave to amend the complaint to add a cause of action for rescission.
Ordered that the order is reversed, on the law and as a matter of discretion, with costs, the motion is granted, and the proposed amended complaint which was attached to the plaintiffs motion is deemed served.
Far from being free from doubt (see Ruffing v Union Carbide Corp., 308 AD2d 526 [2003]; USA Nutritionals v…
2Cases cited7 opinions
- Staines v. Nassau Queens Medical GroupAppellate Division of the Supreme Court of the State of New York · 1991
- Ruffing v. Union Carbide Corp.Appellate Division of the Supreme Court of the State of New York · 2003
- Parisi v. LeppardAppellate Division of the Supreme Court of the State of New York · 1997
- Conlon v. Concord Pools, Ltd.Appellate Division of the Supreme Court of the State of New York · 1991
- Marshall v. AlaliewieAppellate Division of the Supreme Court of the State of New York · 2003
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3Cited by3 opinions
- Lucido v. MancusoAppellate Division of the Supreme Court of the State of New York · 2008
- Ruiz v. GriffinAppellate Division of the Supreme Court of the State of New York · 2010
- Benyo v. SikorjakAppellate Division of the Supreme Court of the State of New York · 2008