Legal Opinion
A.N. Frieda Diamonds, Inc. v. Yaron Kaminski
Appellate Division of the Supreme Court of the State of New York
Decided November 20, 2014No. 13556N 108991/10PublishedCited by 3 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Joan M. Kenney, J.), entered February 3, 2014, which, to the extent appealed from, denied plaintiffs motion for leave to amend the complaint to add a cause of action for fraud, unanimously reversed, on the law and the facts, with costs, and the motion granted.
The court improvidently exercised its discretion in denying plaintiffs motion for leave to amend the complaint where there is no evidence that defendant would be prejudiced or surprised by the proposed amendment (see CPLR 3025 [b]; McCaskey, Davies & Assoc. v New York City Health & Hosps. Corp., 59…
2Cases cited7 opinions
- Lama Holding Co. v. Smith Barney Inc.New York Court of Appeals · 1996
- McCaskey, Davies & Associates, Inc. v. New York City Health & Hospitals Corp.New York Court of Appeals · 1983
- Pludeman v. NORTHERN LEASINGNew York Court of Appeals · 2008
- Non-Linear Trading Co. v. Braddis Associates, Inc.Appellate Division of the Supreme Court of the State of New York · 1998
- Daniels v. Empire-Ore, Inc.Appellate Division of the Supreme Court of the State of New York · 1989
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Medina v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2015
- Retail Consulting Servs., Inc. v. New TSI Holdings, Inc.Appellate Division of the Supreme Court of the State of New York · 2022
- Retail Consulting Servs., Inc. v. New TSI Holdings, Inc.Appellate Division of the Supreme Court of the State of New York · 2022