Legal Opinion
Pogue v. Del Rosario
Appellate Division of the Supreme Court of the State of New York
Decided November 29, 1999PublishedCited by 4 opinions
1Opinion of the Court
—In an action to recover dam*526ages for medical malpractice, etc., the defendants appeal from an order of the Supreme Court, Suffolk County (Jones, J.), dated July 13, 1998, which denied their motion for leave to serve and file an amended answer asserting the affirmative defense of failure to mitigate damages.
Ordered that the order is affirmed, with costs.
The decision to grant or deny leave to amend a pleading is within the court’s discretion, and the exercise of such discretion will not be lightly disturbed (see, Sherman v Claire Mfg. Co., 239 AD2d 487). In this case the defendants did not seek…
2Cases cited3 opinions
- Bertan v. Richmond Memorial Hospital & Health CenterAppellate Division of the Supreme Court of the State of New York · 1984
- Romeo v. ArrigoAppellate Division of the Supreme Court of the State of New York · 1998
- Sherman v. Claire Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1997
3Cited by4 opinions
- Travelers Property Casualty v. PowellAppellate Division of the Supreme Court of the State of New York · 2001
- ALD Holding Corp. v. F & O Port Corp.Appellate Division of the Supreme Court of the State of New York · 2005
- Francisco v. 201 Saw Mill River Road Development Corp.Appellate Division of the Supreme Court of the State of New York · 2001
- Miglio v. SchildbachAppellate Division of the Supreme Court of the State of New York · 2003