Legal Opinion

Henry v. MTA

Appellate Division of the Supreme Court of the State of New York

Decided May 15, 2013PublishedCited by 1 opinion

1Opinion of the Court

In an action to recover damages for personal injuries, the defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (Ruchelsman, J.), dated June 11, 2012, as granted the plaintiffs motion for leave to amend the complaint to add a cause of action to recover damages for wrongful death.

Ordered that the order is affirmed insofar as appealed from, with costs.

Where a motion for leave to amend a complaint “is made long after the action has been certified for trial, judicial discretion in allowing such amendments should be discrete, circumspect,…

2Cases cited11 opinions

  1. Edenwald Contracting Co. v. City of New YorkNew York Court of Appeals · 1983
  2. Ingrami v. RovnerAppellate Division of the Supreme Court of the State of New York · 2007
  3. Grande v. PeteroyAppellate Division of the Supreme Court of the State of New York · 2007
  4. Morris v. Queens Long Island Medical GroupAppellate Division of the Supreme Court of the State of New York · 2008
  5. U.S. Bank, National Ass'n v. SharifAppellate Division of the Supreme Court of the State of New York · 2011

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3Cited by1 opinion

  1. Ciminello v. SullivanAppellate Division of the Supreme Court of the State of New York · 2014

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