Treatment trajectory · 2005 → 2026 · click a year to view as-of
2005
2015
2026
Top citers, strongest first. 15 distinct citers.
How cited ↗
cited
Cited as authority (rule)
Eastview Mall, LLC v. Grace Holmes, Inc.
Realty Assoc. , 85 NY2d 600, 607 [1995]; Zaid Theatre Corp. v Sona Realty Co. , 18 AD3d 352, 355 [1st Dept 2005]).
cited
Cited as authority (rule)
MFB Realty LLC v. Eichner
The motion court providently exercised its discretion in denying MFB leave to amend ( see Zaid Theatre Corp. v Sona Realty Co. , 18 AD3d 352, 355 [1st Dept 2005]).
discussed
Cited as authority (rule)
Burlington Insurance Co. v. NYC Transit Authority
Lastly, the motion court properly determined that the proposed amendment does not lack merit (see Zaid Theatre Corp. v Sona Realty Co., 18 AD3d 352, 355 [1st Dept 2005]). *440 Section 6.8 of the Lease Agreement requires NYCTA to indemnify the City for “damage resulting from any accident or occurrence arising out of or in connection with NYCTA’s operations of the leased property,” and the undisputed facts make clear that the underlying action arose out of NYCTA’s use and possession of the leased premises.
discussed
Cited as authority (rule)
Flores v. Infrastructure Repair Service, LLC
Inc., 107 AD3d 643 , 644 [1st Dept 2013]; Greentech Research LLC v Wissman, 104 AD3d 540, 541 [1st Dept 2013]; Yuko Ito v Suzuki, 57 AD3d 205, 208 [1st Dept 2008]; Zaid Theatre Corp. v Sona Realty Co., 18 AD3d 352, 355 [1st Dept 2005]; see Sepulveda v Dayal, 70 AD3d 420, 421 [1st Dept 2010].) 12 NYCRR 23-1.24 (d) applies to “hot luggers,” used to transport hot roofing material (Stasierowski v Conbow Corp., 258 AD2d 914 , 915 [4th Dept 1999]; Irwin v St.
examined
Cited as authority (rule)
DeCastro v. Wambua
(5×)
Brill, P.C., 25 AD3d 420, 421 [1st Dept 2006]; Thompson v Cooper, 24 AD3d at 205 ; Zaid Theatre Corp. v Sona Realty Co., 18 AD3d at 355; Watts v Wing, 308 AD2d 391, 392 [1st Dept 2003].) Petitioner bears the burden to demonstrate the merits of her proposed relief through admissible evidence.
discussed
Cited as authority (rule)
Greentech Research LLC v. Wissman
Realty Corp., 60 AD3d 404, 405 [1st Dept 2009], lv dismissed 12 NY3d 880 [2009]), given the absence of an affidavit of merits and evidentiary proof to support their request (cf. Zaid Theatre Corp. v Sona Realty Co., 18 AD3d 352, 355 [1st Dept 2005]).
discussed
Cited as authority (rule)
Greentech Research LLC v. Wissman
Realty Corp., 60 AD3d 404, 405 [1st Dept 2009], lv dismissed 12 NY3d 880 [2009]), given the absence of an affidavit of merits and evidentiary proof to support their request (cf. Zaid Theatre Corp. v Sona Realty Co., 18 AD3d 352, 355 [1st Dept 2005]).
cited
Cited as authority (rule)
360 West 11th LLC v. ACG Credit Company II, LLC
Nevertheless, a court must examine the merit of the proposed amendment in order to conserve judicial resources (see Zaid Theatre Corp. v Sona Realty Co., 18 AD3d 352, 354-355 [2005]).
discussed
Cited as authority (rule)
Abraham v. Diamond Dealers Club, Inc.
(Zaid Theatre Corp. v Sona Realty Co., 18 AD3d 352, 355 [1st Dept 2005].) Abraham claims that the additional defenses are baseless, but has not demonstrated that they are plainly lacking in merit so as to warrant denial of leave to amend.
discussed
Cited as authority (rule)
Charles v. Suvannavejh
LLC, 48 AD3d 373, 374 [1st Dept 2008]; Robinson v Canniff, 22 AD3d 219, 220 [1st Dept 2005]; Zaid Theatre Corp. v Sona Realty Co., 18 AD3d 352, 355 [1st Dept 2005].) If she demonstrates meritorious claims, then the issue posed by her motion boils down to whether her added claims now would change defendants’ position or hinder their defenses in a way that would have been avoided had the amendments been pleaded originally, so as now to prejudice defendants.
discussed
Cited as authority (rule)
Yuko Ito v. Suzuki
Auth., 22 NY2d 187, 194 [1968]) and the substance of the alleged wrongdoing is set forth in the affidavits of plaintiff and her brother, the circumstances surrounding the proposed cause of action are sufficiently stated to support amendment of the complaint (Zaid Theatre Corp. v Sona Realty Co., 18 AD3d 352, 354-355 [2005]; cf. Non-Linear Trading Co. v Braddis Assoc., 243 AD2d 107, 116 [1998]).
discussed
Cited as authority (rule)
Promenade v. Schindler Elevator Corp.
However, the fact that the complaint was not amended to include breach of any subsequent agreement allows for recovery for the duration of the 1989 five-year maintenance contract only (see CPLR 3013; Sean M. v City of New York, 20 AD3d 146, 150 [2005]; cf. Zaid Theatre Corp. v Sona Realty Co., 18 AD3d 352, 354 [2005]).
discussed
Cited as authority (rule)
Ward v. Eastchester Health Care Center, LLC
Consequently, the amendment could have caused neither surprise nor cognizable prejudice to defendant and the court properly permitted it (see Zaid Theatre Corp. v Sona Realty Co., 18 AD3d 352, 354-355 [2005]).
discussed
Cited as authority (rule)
Thompson v. Cooper
It is settled that leave to amend a pleading “shall be freely given” (CPLR 3025 [b]) in the absence of prejudice or surprise (Zaid Theatre Corp. v Sona Realty Co., 18 AD3d 352, 354-355 [2005]; Stroock & Stroock & Lavan v Beltramini, 157 AD2d 590, 591 [1990]), although this Court has consistently held that in order to conserve judicial resources, examination of the underlying merit of the proposed amendment is mandated (Davis & Davis v Morson, 286 AD2d 584, 585 [2001]; Non-Linear Trading Co. v Braddis Assoc., 243 AD2d 107, 116 [1998]).
cited
Cited "see"
1633 Broadway Mars Restaurant Corp. v. Paramount Group, Inc. (In Re 1633 Broadway Mars Restaurant Corp.)
See Zaid Theatre Corp. v. Sona Realty Co., 18 A.D.3d 352, 355 , 797 N.Y.S.2d 434, 436-37 (1st Dept. 2005).
Retrieving the full opinion text from the archive…
Dante Worthy, an Infant, by His Mother and Natural Guardian Julie Toone
v.
New York City Housing Authority
v.
New York City Housing Authority
Appellate Division of the Supreme Court of the State of New York.
May 24, 2005.
Cited by 5 opinions | Published
Order, Supreme Court, Bronx County (Stanley Green, J.), entered July 1, 2004, which, to the extent appealed from as limited by the brief, granted defendant New York City Housing Authority’s motion for summary judgment dismissing the complaint as against it, unanimously affirmed, without costs.
The record is insufficient to support an inference that defendant Housing Authority had timely notice that a child under the age of seven resided in the apartment on its premises where the infant plaintiff is alleged to have contracted lead poisoning (see Juarez v Wavecrest Mgt. Team, 88 NY2d 628, 646 [1996]). The Housing Authority’s records did not indicate that a child of less than seven years lived in the subject apartment, and plaintiffs’ evidence, to the effect that various Housing Authority employees occasionally observed the infant plaintiff in the company of his aunt, the tenant of record of the apartment, was insufficient to raise any triable issue as to whether the Housing Authority had actual or constructive notice of a child’s residency in the unit. Concur—Buckley, P.J., Saxe, Ellerin, Nardelli and Williams, JJ.