Torres v. City of New York

Appellate Division of the Supreme Court of New York

Torres v. City of New York

202 A.D.2d 301, 610 N.Y.S.2d 769

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

DecidedMarch 17, 1994

StatusPublished

This text of 202 A.D.2d 301 (Torres v. City of New York) 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

Torres v. City of New York, 202 A.D.2d 301, 610 N.Y.S.2d 769 (N.Y. Ct. App. 1994).

Pincite

Opinion

—Order, Supreme Court, Bronx County (Howard R. Silver, J.), entered on or about October 22, 1993, which denied New York City Housing Authority’s motion for leave to amend the answer to assert a counterclaim, unanimously affirmed, without costs.

In view of the extended and unexplained delay which preceded the application for leave to amend the answer, made on the eve of trial after plaintiff had been granted special preference and the failure to present any facts to show merit with respect to the proposed counterclaim, we find no basis to disturb the trial court’s sound exercise of discretion (CPLR 3025). Concur — Sullivan, J. P., Carro, Wallach, Kupferman and Ross, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

—Order, Supreme Court, Bronx County (Howard R. Silver, J.), entered on or about October 22, 1993, which denied New York City Housing Authority’s motion for leave to amend the answer to assert a counterclaim, unanimously affirmed, without costs.

In view of the extended and unexplained delay which preceded the application for leave to amend the answer, made on the eve of trial after plaintiff had been granted special preference and the failure to present any facts to show merit with respect to the proposed counterclaim, we find no basis to disturb the trial court’s sound exercise of discretion (CPLR 3025). Concur — Sullivan, J. P., Carro, Wallach, Kupferman and Ross, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

202 A.D.2d 301, 610 N.Y.S.2d 769, Counsel Stack Legal Research, https://law.counselstack.com/opinion/torres-v-city-of-new-york-nyappdiv-1994.