Kleinman v. Wider

Appellate Division of the Supreme Court of New York

Kleinman v. Wider

197 A.D.2d 892, 604 N.Y.S.2d 857, 1993 N.Y. App. Div. LEXIS 9323

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

DecidedOctober 1, 1993

StatusPublished

This text of 197 A.D.2d 892 (Kleinman v. Wider) 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

Kleinman v. Wider, 197 A.D.2d 892, 604 N.Y.S.2d 857, 1993 N.Y. App. Div. LEXIS 9323 (N.Y. Ct. App. 1993).

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Opinion

—Order unanimously affirmed with costs. Memorandum: Inasmuch as the depositions of the parties have not yet been taken, Supreme [893]*893Court properly exercised its discretion in denying defendants Namuliks’ cross motion for summary judgment without prejudice to renew at the close of discovery (see, CPLR 3212 [f]). Further, we conclude that the court properly exercised its discretion in permitting plaintiff Wider to amend his complaint to include Stanley Namulik as a party. Leave to amend shall be freely granted (CPLR 3025 [b]; Murray v City of New York, 43 NY2d 400, 404-405, rearg dismissed 45 NY2d 966). (Appeal from Order of Supreme Court, Erie County, Francis, J.—Summary Judgment.) Present—Callahan, J. P., Balio, Lawton, Boomer and Boehm, JJ.

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—Order unanimously affirmed with costs. Memorandum: Inasmuch as the depositions of the parties have not yet been taken, Supreme [893]*893Court properly exercised its discretion in denying defendants Namuliks’ cross motion for summary judgment without prejudice to renew at the close of discovery (see, CPLR 3212 [f]). Further, we conclude that the court properly exercised its discretion in permitting plaintiff Wider to amend his complaint to include Stanley Namulik as a party. Leave to amend shall be freely granted (CPLR 3025 [b]; Murray v City of New York, 43 NY2d 400, 404-405, rearg dismissed 45 NY2d 966). (Appeal from Order of Supreme Court, Erie County, Francis, J.—Summary Judgment.) Present—Callahan, J. P., Balio, Lawton, Boomer and Boehm, JJ.

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Bluebook (online)

197 A.D.2d 892, 604 N.Y.S.2d 857, 1993 N.Y. App. Div. LEXIS 9323, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kleinman-v-wider-nyappdiv-1993.

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