Legal Opinion

Romano v. Damiano

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

Decided August 4, 1997PublishedCited by 4 opinions

1Opinion of the Court

In an action, inter alia, for injunctive relief pursuant to RPAPL 871, the plaintiffs *268appeal from an order of the Supreme Court, Westchester County (Scarpino, J.), entered May 24, 1996, which denied their motion to amend the complaint.

Ordered that the order is affirmed, with one bill of costs to the respondents appearing separately and filing separate briefs.

The Supreme Court correctly denied the plaintiffs’ motion to amend their complaint (see, CPLR 3025 [b]) to assert a claim under Town Law § 268 (2) since the basis for the amendment was patently lacking in merit (see, McKiernan v…

2Cases cited7 opinions

  1. Sun-Brite Car Wash, Inc. v. Board of Zoning & AppealsNew York Court of Appeals · 1987
  2. McKiernan v. McKiernanAppellate Division of the Supreme Court of the State of New York · 1994
  3. Guzzardi v. Perry's Boats, Inc.Appellate Division of the Supreme Court of the State of New York · 1983
  4. Rothfarb v. Brookdale HospitalAppellate Division of the Supreme Court of the State of New York · 1988
  5. Allen Avionics, Inc. v. Universal Broadcasting Corp.Appellate Division of the Supreme Court of the State of New York · 1986

2 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Probst v. CacoulidisAppellate Division of the Supreme Court of the State of New York · 2002
  2. Potruch & Daab, LLC v. AbrahamAppellate Division of the Supreme Court of the State of New York · 2012
  3. Barry v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1999
  4. Potruch & Daab, LLC v. AbrahamAppellate Division of the Supreme Court of the State of New York · 2012

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