Legal Opinion
Sewkarran v. DeBellis
Appellate Division of the Supreme Court of the State of New York
Decided October 4, 2004PublishedCited by 20 opinions
1Opinion of the Court
In an action, inter alia, for a declaration that the tax assessment method used by the defendants violates the Fair Housing Act (42 USC § 3601 et seq.), the plaintiffs appeal from an order of the Supreme Court, Westchester County (Jamieson, J.), entered May 29, 2003, which denied their motion for leave to serve an amended complaint.
Ordered that the order is affirmed, with costs.
Although leave to amend a pleading “shall be freely given” in the absence of surprise or prejudice (CPLR 3025 [b]), the determination whether to grant such leave is within the court’s discretion, and the exercise of…
2Cases cited3 opinions
- Auwarter v. Malverne Union Free School DistrictAppellate Division of the Supreme Court of the State of New York · 2000
- Leonardi v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2002
- Travelers Property Casualty v. PowellAppellate Division of the Supreme Court of the State of New York · 2001
3Cited by20 opinions
- Comsewogue Union Free School District v. Allied-Trent Roofing Systems, Inc.Appellate Division of the Supreme Court of the State of New York · 2005
- Pergament v. RoachAppellate Division of the Supreme Court of the State of New York · 2007
- Peach Parking Corp. v. 346 West 40th Street, LLCAppellate Division of the Supreme Court of the State of New York · 2007
- Trataros Construction, Inc. v. New York City School Construction AuthorityAppellate Division of the Supreme Court of the State of New York · 2007
- Thomsen v. Suffolk County Police DepartmentAppellate Division of the Supreme Court of the State of New York · 2008
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