Legal Opinion

Frost v. Monter

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

Decided March 28, 1994PublishedCited by 8 opinions

1Opinion of the Court

—In an action to recover damages for wrongful death, CNA Insurance Companies, the defendants’ insurer, appeals from an order of the Supreme Court, Nassau County (Robbins, J.), dated August 31, 1992, which granted the plaintiffs motion for leave to serve an amended complaint.

Ordered that the order is reversed, on the law, with costs, and the motion is denied.

Since the proposed amendment of the complaint would prejudice only CNA Insurance Companies (hereinafter CNA), and the defendants had no interest in opposing the motion to amend, CNA was the real party in interest and clearly was aggrieved…

2Cases cited2 opinions

  1. Camelot Graphics, Inc. v. EllisAppellate Division of the Supreme Court of the State of New York · 1991
  2. Agway Insurance Companies v. WilliamsonAppellate Division of the Supreme Court of the State of New York · 1990

3Cited by8 opinions

  1. Morgan v. Prospect Park Associates Holdings, L.P.Appellate Division of the Supreme Court of the State of New York · 1998
  2. Guiliano v. CarlisleAppellate Division of the Supreme Court of the State of New York · 2002
  3. Millner v. House Beautiful Apartment Corp.Appellate Division of the Supreme Court of the State of New York · 2001
  4. Flood v. AkmalAppellate Division of the Supreme Court of the State of New York · 2000
  5. Unger v. LevitonNew York Supreme Court · 2004

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