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Wilson v. Samoval

194 A.D.2d 723, 601 N.Y.S.2d 805, 1993 N.Y. App. Div. LEXIS 6469
Appellate Division of the Supreme Court of the State of New York·Decided June 21, 1993·Published

Opinion

—In an action to recover damages for defamation, the plaintiff appeals from an order of the Supreme Court, Queens County (Leviss, J.), dated June 14, 1991, which (1) granted the defendants’ motion to dismiss the complaint, and (2) denied the plaintiff’s cross motion to amend the complaint.

Ordered that the order is affirmed, with costs.

The Supreme Court properly granted the defendants’ motion to dismiss the complaint (see, Wilson v Merrill Lynch, Pierce, Fenner & Smith, 66 NY2d 988; WDM Planning v United Credit Corp., 47 NY2d 50; Angel v Levittown Union Free School Dist. No. 5, 171 AD2d 770) and did not improvidently exercise its discretion in denying the plaintiff’s cross motion for leave to serve an amended complaint (see, CPLR 3025 [b]; Citrin v Royal Ins. Co, 172 AD2d 795). Balletta, J. P., Eiber, O’Brien and Pizzuto, JJ., concur.

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Wilson v. Samoval, 194 A.D.2d 723, 601 N.Y.S.2d 805, 1993 N.Y. App. Div. LEXIS 6469 (N.Y. Ct. App. 1993).

194 A.D.2d 723 (Wilson v. Samoval) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

WDM Planning, Inc. v. United Credit Corp.
389 N.E.2d 1099 (New York Court of Appeals, 1979)
Wilson v. Merrill Lynch, Pierce, Fenner & Smith, Inc.
489 N.E.2d 1297 (New York Court of Appeals, 1985)
Angel v. Levittown Union Free School District No. 5
171 A.D.2d 770 (Appellate Division of the Supreme Court of New York, 1991)
Citrin v. Royal Insurance Co.
172 A.D.2d 795 (Appellate Division of the Supreme Court of New York, 1991)