Legal Opinion

Maloney Carpentry, Inc. v. Budnik

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

Decided February 13, 2007PublishedCited by 8 opinions

1Opinion of the Court

In an action to recover damages for breach of contract, the plaintiff appeals from an order of the Supreme Court, Putnam County (O’Rourke, J), dated September 15, 2005, which granted the defendants’ motion for leave to amend their answer.

Ordered that the order is affirmed, with costs.

Leave to amend or supplement pleadings should be freely granted unless the amendment sought is palpably improper or insufficient as a matter of law, or unless prejudice and surprise directly result from the delay in seeking the amendment (see CPLR 3025 [b]; McCaskey, Davies & Assoc. v New York City Health &…

2Cases cited5 opinions

  1. McCaskey, Davies & Associates, Inc. v. New York City Health & Hospitals Corp.New York Court of Appeals · 1983
  2. Nissenbaum v. FerazzoliAppellate Division of the Supreme Court of the State of New York · 1991
  3. Henao v. Ting Sal PingAppellate Division of the Supreme Court of the State of New York · 1999
  4. Andre-Long v. Verizon Corp.Appellate Division of the Supreme Court of the State of New York · 2006
  5. Huntington v. Frank Trotta Auto Wreckers, Inc.Appellate Division of the Supreme Court of the State of New York · 1999

3Cited by8 opinions

  1. Santo D'Angelo v. State Insurance FundAppellate Division of the Supreme Court of the State of New York · 2008
  2. Bennett v. Long Island Jewish Medical CenterAppellate Division of the Supreme Court of the State of New York · 2008
  3. Ciminello v. SullivanAppellate Division of the Supreme Court of the State of New York · 2014
  4. Alatorre v. Hee Ju ChunAppellate Division of the Supreme Court of the State of New York · 2007
  5. Falkowski v. Krasdale Foods, Inc.Appellate Division of the Supreme Court of the State of New York · 2008

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