Board of Education of the Enlarged City School District v. PCM Development Co.

Appellate Division of the Supreme Court of New York

Board of Education of the Enlarged City School District v. PCM Development Co.

236 A.D.2d 572, 654 N.Y.S.2d 671, 1997 N.Y. App. Div. LEXIS 1505

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

DecidedFebruary 24, 1997

StatusPublished

This text of 236 A.D.2d 572 (Board of Education of the Enlarged City School District v. PCM Development Co.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Board of Education of the Enlarged City School District v. PCM Development Co., 236 A.D.2d 572, 654 N.Y.S.2d 671, 1997 N.Y. App. Div. LEXIS 1505 (N.Y. Ct. App. 1997).

Pincite

Opinion

—In an action, inter alia, to recover damages for breach of contract, the plaintiff appeals, as limited by its notice of appeal and brief, from so much of an order of the Supreme Court, Orange County (Peter C. Patsalos, J.), dated April 18, 1995, as granted its motion to amend its complaint conditioned upon payment of the sum of $500 to the defendant PCM Development Company.

Ordered that the order is affirmed insofar as appealed from, with costs.

In light of the plaintiff’s delay in seeking the amendment, it was not an improvident exercise of discretion to condition the granting of the plaintiff’s motion to amend its complaint upon the payment to the defendant of $500 in costs (see, CPLR 3025). O’Brien, J. P., Thompson, Joy and Goldstein, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

—In an action, inter alia, to recover damages for breach of contract, the plaintiff appeals, as limited by its notice of appeal and brief, from so much of an order of the Supreme Court, Orange County (Peter C. Patsalos, J.), dated April 18, 1995, as granted its motion to amend its complaint conditioned upon payment of the sum of $500 to the defendant PCM Development Company.

Ordered that the order is affirmed insofar as appealed from, with costs.

In light of the plaintiff’s delay in seeking the amendment, it was not an improvident exercise of discretion to condition the granting of the plaintiff’s motion to amend its complaint upon the payment to the defendant of $500 in costs (see, CPLR 3025). O’Brien, J. P., Thompson, Joy and Goldstein, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

236 A.D.2d 572, 654 N.Y.S.2d 671, 1997 N.Y. App. Div. LEXIS 1505, Counsel Stack Legal Research, https://law.counselstack.com/opinion/board-of-education-of-the-enlarged-city-school-district-v-pcm-development-nyappdiv-1997.