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England v. Sanford

578 N.E.2d 437, 78 N.Y.2d 928, 573 N.Y.S.2d 639, 1991 N.Y. LEXIS 1002
CourtNew York Court of Appeals
DecidedJuly 1, 1991
StatusPublished
Cited by6 cases

This text of 578 N.E.2d 437 (England v. Sanford) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
England v. Sanford, 578 N.E.2d 437, 78 N.Y.2d 928, 573 N.Y.S.2d 639, 1991 N.Y. LEXIS 1002 (N.Y. 1991).

Opinion

*930 OPINION OF THE COURT

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed, with costs, and certified question answered in the affirmative. The Appellate Division did not abuse its discretion as a matter of law in granting plaintiffs’ motion for leave to amend their complaint. In the absence of such abuse, this Court has no power to review the grant of a discretionary remedy. Hence, the only remaining issue presented by the question certified is whether the Appellate Division had the power to grant the requested relief. We conclude that it had this power, and pass on no other issue.

Concur: Chief Judge Wachtler and Judges Simons, Kaye, Alexander, Titone, Hancock, Jr., and Bellacosa.

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Bluebook (online)
578 N.E.2d 437, 78 N.Y.2d 928, 573 N.Y.S.2d 639, 1991 N.Y. LEXIS 1002, Counsel Stack Legal Research, https://law.counselstack.com/opinion/england-v-sanford-ny-1991.