Boyce v. Burns

Appellate Division of the Supreme Court of New York

Boyce v. Burns

54 A.D.2d 748, 387 N.Y.S.2d 716, 1976 N.Y. App. Div. LEXIS 14393

Appellate Division of the Supreme Court of the State of New York·Decided October 25, 1976·Published

Opinion

In a negligence action to recover damages for personal injuries, etc., plaintiffs appeal from an order of the Supreme Court, Nassau County, dated February 19, 1976, which granted respondents’ motion for leave to serve an amended answer. Order affirmed, without costs or disbursements. Appellants failed to demonstrate that granting leave to serve an amended answer would result in a "clear and disabling prejudice” to them (see Dransfield v Eastern Seaboard Warehouse Corp., 43 AD2d 569, 570). Gulotta, P. J., Hopkins, Latham, Shapiro and Hawkins, JJ., concur.

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In a negligence action to recover damages for personal injuries, etc., plaintiffs appeal from an order of the Supreme Court, Nassau County, dated February 19, 1976, which granted respondents’ motion for leave to serve an amended answer. Order affirmed, without costs or disbursements. Appellants failed to demonstrate that granting leave to serve an amended answer would result in a "clear and disabling prejudice” to them (see Dransfield v Eastern Seaboard Warehouse Corp., 43 AD2d 569, 570). Gulotta, P. J., Hopkins, Latham, Shapiro and Hawkins, JJ., concur.

Boyce v. Burns, 54 A.D.2d 748, 387 N.Y.S.2d 716, 1976 N.Y. App. Div. LEXIS 14393 (N.Y. Ct. App. 1976).

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Opinion

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