Zanotelli v. Occidental Chemical Corp.

Appellate Division of the Supreme Court of New York

Zanotelli v. Occidental Chemical Corp.

139 A.D.2d 942, 528 N.Y.S.2d 244, 1988 N.Y. App. Div. LEXIS 4092

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

DecidedApril 8, 1988

StatusPublished

This text of 139 A.D.2d 942 (Zanotelli v. Occidental Chemical 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

Zanotelli v. Occidental Chemical Corp., 139 A.D.2d 942, 528 N.Y.S.2d 244, 1988 N.Y. App. Div. LEXIS 4092 (N.Y. Ct. App. 1988).

Pincite

Opinion

— Order insofar as appealed from unanimously reversed on the law without costs and appellant’s motion granted, in accordance with the following memorandum: Special Term erred in denying that portion of defendant Niagara Mohawk Power Corporation’s motion seeking leave to amend its answer to assert a cross claim against defendant Occidental Chemical Corporation based upon contractual indemnification. Leave to amend pleadings "shall be freely given” (CPLR 3025 [b]) and Occidental will suffer no surprise or prejudice by the proposed amendment (Fahey v County of Ontario, 44 NY2d 934, 935). (Appeal from order of Supreme Court, Niagara County, Koshian, J. — amend answer.) Present — Denman, J. P., Boomer, Green, Lawton and Davis, JJ.

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— Order insofar as appealed from unanimously reversed on the law without costs and appellant’s motion granted, in accordance with the following memorandum: Special Term erred in denying that portion of defendant Niagara Mohawk Power Corporation’s motion seeking leave to amend its answer to assert a cross claim against defendant Occidental Chemical Corporation based upon contractual indemnification. Leave to amend pleadings "shall be freely given” (CPLR 3025 [b]) and Occidental will suffer no surprise or prejudice by the proposed amendment (Fahey v County of Ontario, 44 NY2d 934, 935). (Appeal from order of Supreme Court, Niagara County, Koshian, J. — amend answer.) Present — Denman, J. P., Boomer, Green, Lawton and Davis, JJ.

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Bluebook (online)

139 A.D.2d 942, 528 N.Y.S.2d 244, 1988 N.Y. App. Div. LEXIS 4092, Counsel Stack Legal Research, https://law.counselstack.com/opinion/zanotelli-v-occidental-chemical-corp-nyappdiv-1988.