Spodek v. Neiss, 104 A.D.3d 758 (N.Y. App. Div. 2d Dep't 2013). · Go Syfert
Spodek v. Neiss, 104 A.D.3d 758 (N.Y. App. Div. 2d Dep't 2013). Cases Citing This Book View Copy Cite
12 citation events (12 in the last 25 years) across 1 distinct court.
Cited for
At page 759 Denying leave to amend complaint for new causes of action7 citing casesReal Property Law § 440 et seq. and mismanagement/managerial neglect, and to join certain entities as defendants. Ordered that the order is affirmed insofar as…opening of page *759 (no citing court says what it cites this page for) · 5 listed here
  • Merlino v. Knudson, 2023 NY Slip Op 01084 (N.Y. App. Div. 2d Dep't 2023).published
    "Leave to amend a pleading should be freely given ( see CPLR 3025[b]), provided the amendment is not palpably insufficient, does not prejudice or surprise the opposing party, and is not patently devoid of merit" ( Spodek v Neiss , 104 AD3d…
  • Countrywide Home Loans, Inc. v. Gibson, 111 A.D.3d 453 (N.Y. App. Div. 2d Dep't 2013).published 2 cites
    Corp., 107 AD3d 759 , 761 [2013]; Spodek v Neiss, 104 AD3d 758, 759 [2013]; Lucido v Mancuso, 49 AD3d 220, 229 [2008]).
  • Bah v. City of New York, 108 A.D.3d 646 (N.Y. App. Div. 2d Dep't 2013).published
    Additionally, the Supreme Court properly denied that branch of the plaintiff’s motion which was for leave to amend her complaint to amplify her cause of action pursuant to 42 USC § 1983 (see Spodek v Neiss, 104 AD3d 758, 759 [2013]; Abakpo…
  • Bah v. City of New York, 108 A.D.3d 646 (N.Y. App. Div. 2d Dep't 2013).published
    Additionally, the Supreme Court properly denied that branch of the plaintiff’s motion which was for leave to amend her complaint to amplify her cause of action pursuant to 42 USC § 1983 (see Spodek v Neiss, 104 AD3d 758, 759 [2013]; Abakpo…
  • Chi Lo Liu v. Radmin, 106 A.D.3d 1042 (N.Y. App. Div. 2d Dep't 2013).published 2 cites
    The Supreme Court providently exercised its discretion in denying the plaintiffs’ motion for leave to amend the complaint to add causes of action alleging violations of Real Property Law §§ 440-a and 442-a, as the proposed additional cause…
Retrieving the full opinion text from the archive…
J. Leonard Spodek, Also Known as Leonard Spodek
v.
Charles Neiss
Appellate Division of the Supreme Court of the State of New York.
Mar 13, 2013.
Published opinion
104 A.D.3d 758
Cited by 12 opinions  |  Published

In an action, inter alia, to recover damages for breach of contract, the plaintiffs J. Leonard Spodek, also known as Leonard Spodek, and Rosalind Spodek appeal, as limited by their brief, from so much of an order of the Supreme Court, Nassau County (Lally, J.), entered May 24, 2011, as denied those branches of their motion which were for leave to amend the amended complaint to add causes of action alleging violations of[*759] Real Property Law § 440 et seq. and mismanagement/managerial neglect, and to join certain entities as defendants.

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

The Supreme Court providently exercised its discretion in denying that branch of the appellants’ motion which was for leave to amend the amended complaint to add causes of action alleging violations of Real Property Law § 440 et seq. and mismanagement/managerial neglect. “ ‘Leave to amend a pleading should be freely given (see CPLR 3025 [b]), provided the amendment is not palpably insufficient, does not prejudice or surprise the opposing party, and is not patently devoid of merit’ ” (Clark v Clark, 93 AD3d 812, 816 [2012], quoting Ortega v Bisogno & Meyerson, 2 AD3d 607, 609 [2003]). “ ‘A determination whether to grant such leave is within the Supreme Court’s broad discretion, and the exercise of that discretion will not be lightly disturbed’ ” (Tarek Youssef Hassan Saleh v 5th Ave. Kings Fruit & Vegetables Corp., 92 AD3d 749, 750 [2012], quoting Peerless Ins. Co. v Micro Fibertek, Inc., 67 AD3d 978, 980 [2009]). Here, the proposed additional causes of action were, among other things, patently devoid of merit.

Furthermore, as the appellants only sought relief against the proposed additional defendants in the proposed additional causes of action, that branch of their motion which was for leave to join those entities as defendants was properly denied (see generally Saldivar v I.J. White Corp., 9 AD3d 357, 358 [2004]). Mastro, J.P., Skelos, Leventhal and Chambers, JJ., concur.