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OCI Mortgage Corp. v. Scala

280 A.D.2d 654, 721 N.Y.S.2d 240, 2001 N.Y. App. Div. LEXIS 1858
CourtAppellate Division of the Supreme Court of the State of New York
DecidedFebruary 26, 2001
StatusPublished

This text of 280 A.D.2d 654 (OCI Mortgage Corp. v. Scala) 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
OCI Mortgage Corp. v. Scala, 280 A.D.2d 654, 721 N.Y.S.2d 240, 2001 N.Y. App. Div. LEXIS 1858 (N.Y. Ct. App. 2001).

Opinion

—In an action to foreclose a mortgage, the defendant Lillian Scala appeals, as limited by her brief, from so much of an order of the Supreme Court, Suffolk County (Oliver, J.), dated September 27, 1999, as denied her cross motion for leave to amend her counterclaims.

Ordered that the order is affirmed insofar as appealed from, with costs.

[655]*655The Supreme Court improperly concluded that the proposed amended counterclaims were time-barred (see, Duffy v Horton Mem. Hosp., 66 NY2d 473, 477; Presutti v Suss, 254 AD2d 785, 786; Curiale v Ardra Ins. Co., 223 AD2d 445, 446). Nonetheless, it providently exercised its discretion in denying the appellant’s cross motion for leave to amend her counterclaims on the eve of trial (see, Rose v Velletri, 202 AD2d 566, 567; see also, McKiernan v McKiernan, 207 AD2d 825).

The appellant’s remaining contentions are without merit. Goldstein, J. P., Florio, Luciano and H. Miller, JJ., concur.

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Related

Duffy v. Horton Memorial Hospital
488 N.E.2d 820 (New York Court of Appeals, 1985)
Rose v. Velletri
202 A.D.2d 566 (Appellate Division of the Supreme Court of New York, 1994)
McKiernan v. McKiernan
207 A.D.2d 825 (Appellate Division of the Supreme Court of New York, 1994)
Curiale v. Ardra Insurance
223 A.D.2d 445 (Appellate Division of the Supreme Court of New York, 1996)
Presutti v. Suss
254 A.D.2d 785 (Appellate Division of the Supreme Court of New York, 1998)

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Bluebook (online)
280 A.D.2d 654, 721 N.Y.S.2d 240, 2001 N.Y. App. Div. LEXIS 1858, Counsel Stack Legal Research, https://law.counselstack.com/opinion/oci-mortgage-corp-v-scala-nyappdiv-2001.