Legal Opinion
Frank Fahey v. County of Ontario
Appellate Division of the Supreme Court of the State of New York
Decided January 21, 1977PublishedCited by 4 opinions
1Opinion of the Court
Order affirmed, with costs, on the opinion at Special Term, Livingston, J., and the following memorandum: We add that defendant proffered no explanation for his delay in raising this defense and the date of plaintiffs’ original notice of claim indicates that approximately 27 months earlier defendant was or should have been aware of the accrual date of the causes of action. Under these circumstances, we find no abuse of discretion in the denial of the motion for leave to amend the answer. (Gleeson v Fairmont Manor Co., 38 AD2d 802.) All concur, except Marsh, P. J., and Witmer, J., who dissent…
2Cases cited15 opinions
- Murray v. City of New YorkNew York Court of Appeals · 1972
- Lermit Plastics Co. v. C. W. Lauman & Co.Appellate Division of the Supreme Court of the State of New York · 1972
- Santaniello v. De FranciscoNew York Supreme Court · 1973
- Potter v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1974
- Belott v. StateAppellate Division of the Supreme Court of the State of New York · 1972
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3Cited by4 opinions
- Joyce v. KowalcewskiAppellate Division of the Supreme Court of the State of New York · 1981
- Pick v. McCombsAppellate Division of the Supreme Court of the State of New York · 1977
- Aroneck v. AtkinAppellate Division of the Supreme Court of the State of New York · 1980
- Sampson v. Barber Salvage Co.Appellate Division of the Supreme Court of the State of New York · 1980