Island Transportation, Inc. v. White Motor Corp.

Appellate Division of the Supreme Court of New York

Island Transportation, Inc. v. White Motor Corp.

41 A.D.2d 839, 342 N.Y.S.2d 827, 1973 N.Y. App. Div. LEXIS 4779

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

DecidedApril 9, 1973

StatusPublished

This text of 41 A.D.2d 839 (Island Transportation, Inc. v. White Motor Corp.) 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

Island Transportation, Inc. v. White Motor Corp., 41 A.D.2d 839, 342 N.Y.S.2d 827, 1973 N.Y. App. Div. LEXIS 4779 (N.Y. Ct. App. 1973).

Pincite

Opinion

‘In an action to recover damages for breach of warranty, defendant White Motor Corp. appeals from two orders of the Supreme Court, [840]*840Nassau County, one dated June 26,1972, denying its motion for leave to amend its answer so as to assert the defense of Statute of Limitations, and the other, dated September 15, 1972, denying its motion for leave to reargue and renew said prior motion. Orders reversed, without costs, and motion for leave to amend the answer is granted. The amended answer shall be served within 20 days after entry of the order to be made hereon. In our opinion, the denial of the motion for leave to amend the answer was an improvident exercise of discretion absent a showing of prejudice to plaintiff. Hopkins, Acting P; J., Latham, Shapiro, Christ and Benjamin, JJ., concur.

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‘In an action to recover damages for breach of warranty, defendant White Motor Corp. appeals from two orders of the Supreme Court, [840]*840Nassau County, one dated June 26,1972, denying its motion for leave to amend its answer so as to assert the defense of Statute of Limitations, and the other, dated September 15, 1972, denying its motion for leave to reargue and renew said prior motion. Orders reversed, without costs, and motion for leave to amend the answer is granted. The amended answer shall be served within 20 days after entry of the order to be made hereon. In our opinion, the denial of the motion for leave to amend the answer was an improvident exercise of discretion absent a showing of prejudice to plaintiff. Hopkins, Acting P; J., Latham, Shapiro, Christ and Benjamin, JJ., concur.

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Bluebook (online)

41 A.D.2d 839, 342 N.Y.S.2d 827, 1973 N.Y. App. Div. LEXIS 4779, Counsel Stack Legal Research, https://law.counselstack.com/opinion/island-transportation-inc-v-white-motor-corp-nyappdiv-1973.