Legal Opinion
Capezzano Construction Corp. v. Weinberger
Appellate Division of the Supreme Court of the State of New York
Decided May 3, 2017No. 2015-09117PublishedCited by 6 opinions
1Opinion of the Court
In an action to foreclose a mechanic’s lien, the plaintiff appeals from an order of the Supreme Court, Kings County (Spodek, J.), dated June 23, 2015, which granted the defendants’ motion for leave to amend their answer.
Ordered that the order is affirmed, with costs.
Leave to amend a pleading shall be freely given absent prejudice or surprise resulting directly from the delay “unless the proposed amendment is palpably insufficient or patently devoid of merit” (Lucido v Mancuso, 49 AD3d 220, 222 [2008]; see CPLR 3025 [b]; McCaskey, Davies & Assoc. v New York City Health & Hosps. Corp., 59 NY2d…
2Cases cited3 opinions
- Lucido v. MancusoAppellate Division of the Supreme Court of the State of New York · 2008
- McCaskey, Davies & Associates, Inc. v. New York City Health & Hospitals Corp.New York Court of Appeals · 1983
- Skinner v. ScobboAppellate Division of the Supreme Court of the State of New York · 1995
3Cited by6 opinions
- Tavor v. Lane Towers Owners, Inc.Appellate Division of the Supreme Court of the State of New York · 2021
- Emigrant Savings Bank v. WaltersAppellate Division of the Supreme Court of the State of New York · 2017
- Bank of Am., N.A. v. GreenAppellate Division of the Supreme Court of the State of New York · 2022
- Chinapen v. SookdeoAppellate Division of the Supreme Court of the State of New York · 2025
- Davydov v. Board of Mgrs. of the Forestal CondominiumAppellate Division of the Supreme Court of the State of New York · 2018
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