Foster Wheeler Corp. v. Creswell

Appellate Division of the Supreme Court of New York

Foster Wheeler Corp. v. Creswell

42 A.D.2d 944, 1973 N.Y. App. Div. LEXIS 3380

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

DecidedOctober 18, 1973

StatusPublished

This text of 42 A.D.2d 944 (Foster Wheeler Corp. v. Creswell) 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.

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Foster Wheeler Corp. v. Creswell, 42 A.D.2d 944, 1973 N.Y. App. Div. LEXIS 3380 (N.Y. Ct. App. 1973).

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Opinion

Order, Supreme Court, New York County, entered on April 3, 1973, unanimously affirmed, without costs and without disbursements. In affirming we hold only that Special Term did not abuse its discretion in allowing the amendment, following the liberal amendment policy enunciated under CPLR 3025 (subd. [b]). Appellants’ claims of untimeliness and prejudice can be remedied by additional pretrial proceedings. We have not reached the merits of the proposed amended complaint and our ruling is without prejudice to any motions addressed thereto. Concur — Markewich, J. P., Nunez, Kupferman, Lane and Tilzer, JJ.

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Order, Supreme Court, New York County, entered on April 3, 1973, unanimously affirmed, without costs and without disbursements. In affirming we hold only that Special Term did not abuse its discretion in allowing the amendment, following the liberal amendment policy enunciated under CPLR 3025 (subd. [b]). Appellants’ claims of untimeliness and prejudice can be remedied by additional pretrial proceedings. We have not reached the merits of the proposed amended complaint and our ruling is without prejudice to any motions addressed thereto. Concur — Markewich, J. P., Nunez, Kupferman, Lane and Tilzer, JJ.

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Bluebook (online)

42 A.D.2d 944, 1973 N.Y. App. Div. LEXIS 3380, Counsel Stack Legal Research, https://law.counselstack.com/opinion/foster-wheeler-corp-v-creswell-nyappdiv-1973.