Giovinco v. Goldman
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for medical malpractice, the defendant appeals from an order of the Supreme Court, Suffolk County (Catterson, J.), dated September 24, 1999, which denied his motion for leave to serve an amended answer raising an affirmative defense that the plaintiff lacked capacity to commence this action, and for summary judgment dismissing the action due to the plaintiffs lack of capacity.
Ordered that the order is affirmed, without costs or disbursements.
Although leave to serve an amended pleading should be liberally granted, leave should be denied, as a matter of law,…
2Cases cited9 opinions
- Bruce K. Cable, as Debtor in Possession v. Ivy Tech State CollegeCourt of Appeals for the Seventh Circuit · 1999
- Olick v. Parker & Parsley Petroleum Co.Court of Appeals for the Second Circuit · 1998
- Pinto v. AnconaAppellate Division of the Supreme Court of the State of New York · 1999
- In Re Dawnwood Properties/78Court of Appeals for the Second Circuit · 2000
- Staines v. Nassau Queens Medical GroupAppellate Division of the Supreme Court of the State of New York · 1991
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Nicke v. Schwartzapfel Partners, P.C.Appellate Division of the Supreme Court of the State of New York · 2017
- Collins v. SuraciAppellate Division of the Supreme Court of the State of New York · 2013
- Kenney v. National Fuel Gas Distribution Corp.Appellate Division of the Supreme Court of the State of New York · 2004
- Best v. MetLife Auto & Home InsuranceNew York Supreme Court · 2004
- Keating v. Nanuet Board of EducationAppellate Division of the Supreme Court of the State of New York · 2007
3 more not listed; retrieve them via the Exa API.