Legal Opinion
Jacobson v. Croman
Appellate Division of the Supreme Court of the State of New York
Decided June 27, 2013PublishedCited by 3 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Eileen Bransten, J.), entered March 6, 2012, which denied plaintiffs motion for *645leave to serve a third amended complaint, unanimously reversed, on the law and the facts and in the exercise of discretion, without costs, and the motion granted.
The primary reason the IAS court denied plaintiffs motion was that he had failed to vacate his note of issue. However, the fact that a motion to amend is made after a note of issue “does not of necessity call for its denial” (Smith v Industrial Leasing Corp., 124 AD2d 413, 415 [3d Dept 1986]).
To be sure, “where the…
2Cases cited8 opinions
- Edenwald Contracting Co. v. City of New YorkNew York Court of Appeals · 1983
- Cherebin v. Empress Ambulance Service, Inc.Appellate Division of the Supreme Court of the State of New York · 2007
- Jacobson v. McNeil Consumer & Specialty PharmaceuticalsAppellate Division of the Supreme Court of the State of New York · 2009
- Cseh v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1997
- Valdes v. Marbrose Realty, Inc.Appellate Division of the Supreme Court of the State of New York · 2001
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Hickey v. Steven E. Kaufman, P.C.Appellate Division of the Supreme Court of the State of New York · 2017
- Alicea v. Winstar Serv. Inc.Appellate Division of the Supreme Court of the State of New York · 2025
- Empanada Fresca LLC v. 1 BK St. Corp.Appellate Division of the Supreme Court of the State of New York · 2025