Legal Opinion
Walden v. Nowinski
Appellate Division of the Supreme Court of the State of New York
Decided May 11, 1978PublishedCited by 14 opinions
1Opinion of the Court
Order, Supreme Court, New York County, entered June 14, 1977, granting plaintiffs motion to strike four affirmative defenses contained in defendant’s amended answer improperly served without leave (CPLR 3025, subd [b]) and denying the cross motion to serve the amended answer nunc pro tunc, with leave to renew the cross motion on submission of proper papers, unanimously affirmed, with $60 costs and disbursements of this appeal to respondent. It is undisputed on this record that defendants improperly served their amended answer without requisite leave of court as required by CPLR 3025 (subd…
2Cases cited2 opinions
- Cushman & Wakefield, Inc. v. John David, Inc.Appellate Division of the Supreme Court of the State of New York · 1966
- De Carlo v. Economy Baler Division of American Hoist & Derrick Co.Appellate Division of the Supreme Court of the State of New York · 1977
3Cited by14 opinions
- Non-Linear Trading Co. v. Braddis Associates, Inc.Appellate Division of the Supreme Court of the State of New York · 1998
- Marasco v. KaplanAppellate Division of the Supreme Court of the State of New York · 1991
- Eggeling v. County of NassauAppellate Division of the Supreme Court of the State of New York · 1983
- Tilden Financial Corp. v. MuffolettoAppellate Division of the Supreme Court of the State of New York · 1990
- Marinelli v. ShifrinAppellate Division of the Supreme Court of the State of New York · 1999
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