Horoshko v. Citibank, 373 F.3d 248 (2d Cir. 2004). · Go Syfert
Horoshko v. Citibank, 373 F.3d 248 (2d Cir. 2004). Cases Citing This Book View Copy Cite
176 citation events (176 in the last 25 years) across 10 distinct courts.
Strongest positive: Certified Collision Experts, Inc. v. Town Of Babylon (nyed, 2024-11-27)
Treatment trajectory · 2004 → 2026 · click a year to view as-of
2004 2015 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Certified Collision Experts, Inc. v. Town Of Babylon
E.D.N.Y · 2024 · quote attribution · 1 verbatim quote · confidence high
the . . . contention that the district court abused its discretion in not permitting an amendment that was never requested is frivolous.
discussed Cited as authority (verbatim quote) GOVERNMENT EMPLOYEES INSURANCE CO. v. ACTIVE MEDICAL CARE, P.C.
D.N.J. · 2024 · quote attribution · 1 verbatim quote · confidence high
n amendment is not warranted absent some indication as to what appellants might add to their complaint in order to make it viable.
discussed Cited as authority (verbatim quote) Government Employees Insurance Co. v. Active Medical Care, P.C.
E.D.N.Y · 2024 · quote attribution · 1 verbatim quote · confidence high
n amendment is not warranted absent some indication as to what appellants might add to their complaint in order to make it viable.
discussed Cited as authority (verbatim quote) Salim v. Garland
E.D.N.Y · 2024 · quote attribution · 1 verbatim quote · confidence high
n amendment is not warranted absent some indication as to what appellants might add to their complaint in order to make it viable.
discussed Cited as authority (verbatim quote) Ullah v. Schrader
E.D.N.Y · 2024 · quote attribution · 1 verbatim quote · confidence high
n amendment is not warranted absent some indication as to what appellants might add to their complaint in order to make it viable.
discussed Cited as authority (verbatim quote) 5464 Route 212, LLC v. New York State Department of Transportation
N.D.N.Y. · 2020 · quote attribution · 1 verbatim quote · confidence high
the contention that the district court abused its discretion in not permitting an amendment that was never requested is frivolous.
discussed Cited as authority (verbatim quote) Cybercreek Entertainment, LLC v. U.S. Underwriters Insurance Co.
2d Cir. · 2017 · signal: see · quote attribution · 1 verbatim quote · confidence high
contention that the district court abused its discretion in not permitting an amendment that was never requested is frivolous.
discussed Cited as authority (quoted) Muslim v. Sagamore Children's Psychiatric Center
E.D.N.Y · 2024 · quote attribution · 1 verbatim quote · confidence low
contention that the frivolous.
discussed Cited as authority (quoted) Nunes v. Cable News Network, Inc.
2d Cir. · 2022 · signal: see · quote attribution · 1 verbatim quote · confidence high
the contention that the district court abused its discretion in not permitting an amendment that was never requested is frivolous.
discussed Cited as authority (quoted) Hu v. City of New York
2d Cir. · 2019 · signal: see also · quote attribution · 1 verbatim quote · confidence low
contention that the district court abused its discretion in not permitting an amendment that was never requested is frivolous.
discussed Cited as authority (quoted) Hsin v. City of New York
2d Cir. · 2019 · signal: see · quote attribution · 1 verbatim quote · confidence high
3 contention that the district court abused its discretion in not permitting an amendment that was 4 never requested is frivolous.
discussed Cited as authority (rule) Williams v. Trans Union LLC
2d Cir. · 2026 · confidence medium
But “an amendment is not warranted absent some indication as to what appellants might add to their complaint in order to make it viable, [and district courts are] under no obligation to provide [parties] with leave to amend [their] complaint[s], much less provide such leave sua sponte.” Horoshko v. Citibank, N.A., 373 F.3d 248, 249 (2d Cir. 2004) (internal quotation marks omitted).
discussed Cited as authority (rule) Kurmangaliyev v. City of New York
2d Cir. · 2026 · confidence medium
Although the District Court was required to afford Kurmangaliyev special solicitude in his pro se submissions, Alexander v. City of Syracuse, 132 F.4th 129, 146 (2d Cir. 2025), it “was under no obligation to provide [him] with leave to amend [his] complaint, much less provide such leave sua sponte.” See Horoshko v. Citibank, N.A., 373 F.3d 248, 249 (2d Cir. 2004).
cited Cited as authority (rule) William Egan, individually and as assignee of CompMed Advantage, Inc. v. Coventry Health Care Workers Compensation, Inc., and Coventry Workers Comp Services, a division of Enlyte
N.D.N.Y. · 2026 · confidence medium
(Sullivan, J.) (alterations in original) (first quoting Horoshko v. Citibank, N.A., 373 F.3d 248, 249 (2d Cir. 2004); and then citing Hayden v. Cnty. of Nassau, 180 F.3d 42, 53-54 (2d Cir. 1999)).
discussed Cited as authority (rule) Neal A. Mitchell, Individually and on Behalf of All Others Similarly Situated v. Taro Pharmaceutical Industries Ltd., Dilip Shanghvi, Abhay Gandhi, Uday Baldota, Linda Benshoshan, James Kedrowski, Oded Sarig, Robert Stein, Sudhir Valia and Sun Pharmaceutical Industries Ltd.
S.D.N.Y. · 2025 · confidence medium
See TechnoMarine SA v. Giftports, Inc., 758 F.3d 493, 505 (2d Cir. 2014) (“A plaintiff need not be given leave to amend if [he] fails to specify . . . how amendment would cure the pleading deficiencies in [the] complaint.”); Gallop v. Cheney, 642 F.3d 364, 369 (2d Cir. 2011) (district court did not err in dismissing claim with prejudice “in the absence of any indication that [plaintiff] could—or would—provide additional allegations that might lead to a different result ....); Horoshko v. Citibank, N.A., 373 F.3d 248, 249-50 (2d Cir. 2004) (per curiam) (district court did not abuse it…
discussed Cited as authority (rule) Zygmunt J. Dever v. Christopher Dugan
D. Vt. · 2025 · confidence medium
Citibank, N.A., 373 F.3d 248, 250 (2d Cir. 2004) (noting a district court does not “abuse[] its discretion in not permitting an amendment that was never requested”), CONCLUSION For the reasons stated above, upon review under 28 U.S.C. § 1915 (e)(2)(B), Plaintiff's Amended Complaint (Doc. 10) is DISMISSED WITHOUT PREJDUICE for lack of subject matter jurisdiction, and this case is DISMISSED.
discussed Cited as authority (rule) D.C., an infant by his mother and natural guardian, Tie’Anna Collins, TIE’ANNA COLLINS, individually, and TOAJACK BROWN, individually and as the Proposed Administrator of the Estate of Tahlil Brown v. ELDRED CENTRAL SCHOOL DISTRICT, TRACI FERREIRA, and MONIQUE-GALE MESSINA
S.D.N.Y. · 2025 · confidence medium
See TechnoMarine SA v. Giftports, Inc., 758 F.3d 493, 505 (2d Cir. 2014) (“[P]laintiff[s] need not be given leave to amend if [they] fail[] to specify . . . how amendment would cure the pleading deficiencies in [the] complaint.”); Gallop v. Cheney, 642 F.3d 364, 369 (2d Cir. 2011) (district court did not err in dismissing claim with prejudice “in the absence of any indication that [plaintiffs] could—or would—provide additional allegations that might lead to a different result . . . .”); Horoshko v. Citibank, N.A., 373 F.3d 248, 249-50 (2d Cir. 2004) (per curiam) (district court did…
discussed Cited as authority (rule) The Central Orthopedic Group, LLP v. Aetna Life Insurance Company
E.D.N.Y · 2025 · confidence medium
See Arnold v. KPMG LLP, 334 F. App’x 349, 352-53 (2d Cir. 2009) (affirming denial of leave to amend because “Plaintiff failed to identify those facts that would save his complaint, should he be granted leave to amend, with sufficient specificity”); Horoshko v. Citibank, N.A., 373 F.3d 248, 249 (2d Cir. 2004) (“[A]n amendment is not warranted absent some indication as to what appellants might add to their complaint in order to make it viable.” (cleaned up)); Hayden v. Cnty. of Nassau, 180 F.3d 42, 53 (2d Cir. 1999) (“[W]here the plaintiff is unable to demonstrate that he would be ab…
discussed Cited as authority (rule) Montalvo v. The State of New York
N.D.N.Y. · 2025 · confidence medium
Mar. 30, 2016) (Sullivan, J.) (alterations in original) (first quoting Horoshko v. Citibank, N.A., 373 F.3d 248, 249 (2d Cir. 2004); and then citing Hayden v. Cnty. of Nassau, 180 F.3d 43 , 53-54 (2d Cir. 1999)).
discussed Cited as authority (rule) County Of Rockland v. Triborough Bridge and Tunnel Authority
S.D.N.Y. · 2025 · confidence medium
See TechnoMarine SA v. Giftports, Inc., 758 F.3d 493, 505 (2d Cir. 2014) (“A plaintiff need not be given leave to amend if [she] fails to specify . . . how amendment would cure the pleading deficiencies in [the] complaint.”); Gallop v. Cheney, 642 F.3d 364, 369 (2d Cir. 2011) (district court did not err in dismissing claim with prejudice “in the absence of any indication that [plaintiff] could – or would – provide additional allegations that might lead to a different result . . . .”); Horoshko v. Citibank, N.A., 373 F.3d 248, 249-50 (2d Cir. 2004) (per curiam) (district court did n…
discussed Cited as authority (rule) Callender v. New York State Department of Motor Vehicles
S.D.N.Y. · 2025 · confidence medium
See Bank v. Gohealth, LLC, No. 21-1287, 2022 WL 1132503 , at *1 (2d Cir. Apr. 18, 2022) (summary order) (“[W]here the plaintiff is unable to demonstrate that he would be able to amend his complaint in a manner which would survive dismissal, opportunity to replead is rightfully denied.” (quoting Hayden v. Cnty. of Nassau, 180 F.3d 42, 53 (2d Cir. 1999)); Horoshko v. Citibank, N.A., 373 F.3d 248, 249-50 (2d Cir. 2004) (per curiam) (district court did not abuse its discretion by not granting leave to amend where there was no indication as to what might have been added to make the complaint vi…
discussed Cited as authority (rule) Ragusa v. Acme Markets, Inc.
S.D.N.Y. · 2025 · confidence medium
See Bank v. Gohealth, LLC, No. 21-1287, 2022 WL 1132503 , at *1 (2d Cir. Apr. 18, 2022) (summary order) (“[W]here the plaintiff is unable to demonstrate that he would be able to amend his complaint in a manner which would survive dismissal, opportunity to replead is rightfully denied.”); TechnoMarine SA v. Giftports, Inc., 758 F.3d 493, 505 (2d Cir. 2014) (a plaintiff need not be given leave to amend if he fails to specify how amendment would cure the pleading deficiencies in the complaint); Gallop v. Cheney, 642 F.3d 364, 369 (2d Cir. 2011) (district court did not err in dismissing claim …
discussed Cited as authority (rule) Alhariri v. Blinken
E.D.N.Y · 2025 · confidence medium
See Faulkner v. Verizon Commc'ns, Inc., 189 F. Supp. 2d 161, 174 (S.D.N.Y. 2002) (adopting same ap- proach); see also Gallop v. Cheney, 642 F.3d 364, 369 (2d Cir. 2011) (“While leave to amend under the Federal Rules of Civil Procedure is freely granted,” the court need not “grant a request that was not made.”); Horoshko v. Citibank, N.A., 373 F.3d 248, 249 (2d Cir. 2004) (“Because an amendment is not warranted absent some indication as to what [Plaintiffs] might add to their complaint in order to make it viable, the District Court [i]s under no obligation to provide [Plaintiffs] with…
discussed Cited as authority (rule) Wilson v. Mid-Hudson Forensic Psychiatric Center
S.D.N.Y. · 2025 · confidence medium
See Bank v. Gohealth, LLC, No. 21-1287, 2022 WL 1132503 , at *1 (2d Cir. Apr. 18, 2022) (summary order) (“[W]here the plaintiff is unable to demonstrate that [s]he would be able to amend h[er] complaint in a manner which would survive dismissal, opportunity to replead is rightfully denied.”); TechnoMarine SA v. Giftports, Inc., 758 F.3d 493, 505 (2d Cir. 2014) (plaintiff need not be given leave to amend if plaintiff fails to specify how amendment would cure the pleading deficiencies in the complaint); Gallop v. Cheney, 642 F.3d 364, 369 (2d Cir. 2011) (district court did not err in dismiss…
cited Cited as authority (rule) U.S. Ex Rel. D.O. Stephen Sisselman v. Zocdoc, Inc.
2d Cir. · 2025 · confidence medium
Horoshko v. Citibank, N.A., 373 F.3d 248, 249 (2d Cir. 2004) (per curiam).
discussed Cited as authority (rule) Nowak v. City of Yonkers
S.D.N.Y. · 2025 · confidence medium
See TechnoMarine SA v. Giftports, Inc., 758 F.3d 493, 505 (2d Cir. 2014) (“A plaintiff need not be given leave to amend if [she] fails to specify . .. how amendment would cure the pleading deficiencies in [the] complaint.”); Gallop v. Cheney, 642 F.3d 364, 369 (2d Cir. 2011) (district court did not err in dismissing claim with prejudice “in the absence of any indication that [plaintiff] could — or would — provide additional allegations that might lead to a different result ....”); Horoshko v. Citibank, N.A., 373 F.3d 248, 249-50 (2d Cir. 2004) (per curiam) (district court did not a…
discussed Cited as authority (rule) Gurevitch v. Emerald Green Property Owners Association Inc.
S.D.N.Y. · 2025 · confidence medium
See TechnoMarine SA v. Giftports, Inc., 758 F.3d 493, 505 (2d Cir. 2014) (“A plaintiff need not be given leave to amend if [she] fails to specify . .. how amendment would cure the pleading deficiencies in [the] complaint.”); Gallop v. Cheney, 642 F.3d 364, 369 (2d Cir. 2011) (district court did not err in dismissing claim with prejudice “in the absence of any indication that [plaintiff] could—or would—provide additional allegations that might lead to a different result ....”); Horoshko v. Citibank, N.A., 373 F.3d 248, 249-50 (2d Cir. 2004) (per curiam) (district court did not abuse…
discussed Cited as authority (rule) McKenzie v. Artists Rights Society, Inc.
S.D.N.Y. · 2024 · confidence medium
The Court need not reach that argument because it dismisses the RICO claims as untimely on other grounds. opportunity to file an amended pleading.” Horoshko v. Citibank, N.A., 373 F.3d 248, 249 (2d Cir. 2004) (“Because an amendment is not warranted absent some indication as to what [Plaintiff] might add to [his] complaint in order to make it viable, the District Court [i]s under no obligation to provide [Plaintiff] with leave to amend [his] complaint, much less provide such leave sua sponte.” (citations and internal quotation marks omitted)).
discussed Cited as authority (rule) Hamid v. Jaddou
S.D.N.Y. · 2024 · confidence medium
See TechnoMarine SA v. Giftports, Inc., 758 F.3d 493, 505 (2d Cir. 2014) (“A plaintiff need not be given leave to amend if [she] fails to specify . . . how amendment would cure the pleading deficiencies in [the] complaint.”); Gallop v. Cheney, 642 F.3d 364, 369 (2d Cir. 2011) (district court did not err in dismissing claim with prejudice “in the absence of any indication that [plaintiff] could—or would—provide additional allegations that might lead to a different result . . . .”); Horoshko v. Citibank, N.A., 373 F.3d 248, 249-50 (2d Cir. 2004) (per curiam) (district court did not a…
discussed Cited as authority (rule) Ramsey v. Gaston
S.D.N.Y. · 2024 · confidence medium
See TechnoMarine SA v. Giftports, Inc., 758 F.3d 493, 505 (2d Cir. 2014) (“A plaintiff need not be given leave to amend if [she] fails to specify . . . how amendment would cure the pleading deficiencies in [the] complaint.”); Gallop v. Cheney, 642 F.3d 364, 369 (2d Cir. 2011) (district court did not err in dismissing claim with prejudice “in the absence of any indication that [plaintiff] could—or would—provide additional allegations that might lead to a different result ....); Horoshko v. Citibank, N.A., 373 F.3d 248, 249-50 (2d Cir. 2004) (per curiam) (district court did not abuse i…
discussed Cited as authority (rule) J.V. v. Aykroyd Lake
S.D.N.Y. · 2024 · confidence medium
See TechnoMarine SA v. Giftports, Inc., 758 F.3d 493, 505 (2d Cir. 2014) (deciding that plaintiff need not be given leave to amend if he fails to specify how amendment would cure the pleading deficiencies in his complaint); Gallop v. Cheney, 642 F.3d 364, 369 (2d Cir. 2011) (finding that district court did not err in dismissing claim with prejudice in absence of any indication plaintiff could or would provide additional allegations leading to different result); Horoshko v. Citibank, N.A., 373 F.3d 248, 249-50 (2d Cir. 2004) (per curiam) (district court did not abuse its discretion by not grant…
discussed Cited as authority (rule) Nasiruddin v. United States
S.D.N.Y. · 2024 · confidence medium
See TechnoMarine SA v. Giftports, Inc., 758 F.3d 493, 505 (2d Cir. 2014) (plaintiff need not be given leave to amend if plaintiff fails to specify how amendment would cure the pleading deficiencies in the complaint); Gallop v. Cheney, 642 F.3d 364, 369 (2d Cir. 2011) (district court did not err in dismissing claim with prejudice in absence of any indication plaintiff could or would provide additional allegations leading to different result); Horoshko v. Citibank, N.A., 373 F.3d 248, 249-50 (2d Cir. 2004) (per curiam) (district court did not abuse its discretion by not granting leave to amend w…
discussed Cited as authority (rule) Friedman v. Bartell
S.D.N.Y. · 2024 · confidence medium
See TechnoMarine SA v. Giftports, Inc., 758 F.3d 493, 505 (2d Cir. 2014) (deciding that the plaintiff need not be given leave to amend if he fails to specify how amendment would cure the pleading deficiencies in his complaint); Gallop v. Cheney, 642 F.3d 364, 369 (2d Cir. 2011) (finding that district court did not err in dismissing claim with prejudice in absence of any indication plaintiff could or would provide additional allegations leading to different result); Horoshko v. Citibank, N.A., 373 F.3d 248, 249-50 (2d Cir. 2004) (per curiam) (district court did not abuse its discretion by not g…
cited Cited as authority (rule) Holyoke v. S.S.I.
N.D.N.Y. · 2024 · confidence medium
Malley v. New York City Bd. of Educ., 112 F.3d 69, 69-70 (2d Cir. 1997); Horoshko v. Citibank, N.A., 373 F.3d 248, 250 (2d Cir. 2004).
discussed Cited as authority (rule) Colds v. Westchester County
S.D.N.Y. · 2023 · confidence medium
See TechnoMarine SA v. Giftports, Inc., 758 F.3d 493, 505 (2d Cir. 2014) (plaintiff need not be given leave to amend if plaintiff fails to specify how amendment would cure the pleading deficiencies in the complaint); Gallop v. Cheney, 642 F.3d 364, 369 (2d Cir. 2011) (district court did not err in dismissing claim with prejudice in absence of any indication plaintiff could or would provide additional allegations leading to different result); Horoshko v. Citibank, N.A., 373 F.3d 248, 249-50 (2d Cir. 2004) (per curiam) (district court did not abuse its discretion by not granting leave to amend w…
discussed Cited as authority (rule) CTK Marketing, LLC v. Tristar Products, Inc.
S.D.N.Y. · 2023 · confidence medium
See Trautenberg v. Paul, Weiss, Rifkind, Wharton & Garrison L.L.P., 351 F. App’x 472, 474 (2d Cir. 2009) (“Given that [plaintiff] did not move for leave to replead in opposition to [defendant’s] motion to dismiss his original complaint with prejudice, the district court did not abuse its discretion by failing to grant him, sua sponte, leave to replead.”); Horoshko v. Citibank, N.A., 373 F.3d 248, 249 (2d Cir. 2004) (finding that the district court “was under no obligation to provide [plaintiffs] with leave to amend their complaint, much less provide such leave sua sponte,” where th…
discussed Cited as authority (rule) Owens v. Orange County Jail
S.D.N.Y. · 2023 · confidence medium
See TechnoMarine SA v. Giftports, Inc., 758 F.3d 493, 505 (2d Cir. 2014) (plaintiff need not be given leave to amend if plaintiff fails to specify how amendment would cure the pleading deficiencies in the complaint); Gallop v. Cheney, 642 F.3d 364, 369 (2d Cir. 2011) (district court did not err in dismissing claim with prejudice in absence of any indication plaintiff could or would provide additional allegations leading to different result); Horoshko v. Citibank, N.A., 373 F.3d 248, 249-50 (2d Cir. 2004) (per curiam) (district court did not abuse its discretion by not granting leave to amend w…
discussed Cited as authority (rule) Paraco Gas Corporation v. Ironshore Idemnity, Inc.
S.D.N.Y. · 2023 · confidence medium
See TechnoMarine SA v. Giftports, Inc., 758 F.3d 493, 505 (2d Cir. 2014) (deciding that the plaintiff need not be given leave to amend if he fails to specify how amendment would cure the pleading deficiencies in his complaint); Gallop v. Cheney, 642 F.3d 364, 369 (2d Cir. 2011) (finding that district court did not err in dismissing claim with prejudice in absence of any indication plaintiff could or would provide additional allegations leading to different result); Horoshko v. Citibank, N.A., 373 F.3d 248, 249-50 (2d Cir. 2004) (per curiam) (district court did not abuse its discretion by not g…
discussed Cited as authority (rule) Hauschild v. United States Marshals Service
S.D.N.Y. · 2023 · confidence medium
Auth., 344 F. App’x 634 , 636 (2d Cir. 2009) (district court not required to grant leave to amend sua sponte); Horoshko v. Citibank, N.A., 373 F.3d 248, 249-50 (2d Cir. 2004) (per curiam) (district court did not abuse its discretion by not granting leave to amend where there was no indication as to what might have been added to make complaint viable and plaintiffs did not request leave to amend).
discussed Cited as authority (rule) Paupaw-Myrie v. Mount Vernon City School District
S.D.N.Y. · 2023 · confidence medium
See TechnoMarine SA v. Giftports, Inc., 758 F.3d 493, 505 (2d Cir. 2014) (“A plaintiff need not be given leave to amend if [she] fails to specify . . . how amendment would cure the pleading deficiencies in [the] complaint.”); Gallop v. Cheney, 642 F.3d 364, 369 (2d Cir. 2011) (district court did not err in dismissing claim with prejudice “in the absence of any indication that [plaintiff] could—or would—provide additional allegations that might lead to a different result . . . .”); Horoshko v. Citibank, N.A., 373 F.3d 248, 249-50 (2d Cir. 2004) (per curiam) (district court did not a…
discussed Cited as authority (rule) Kenlock v. Orange County, New York
S.D.N.Y. · 2022 · confidence medium
See TechnoMarine SA v. Giftports, Inc., 758 F.3d 493, 505 (2d Cir. 2014) (plaintiff need not be given leave to amend if plaintiff fails to specify how amendment would cure the pleading deficiencies in the complaint); Gallop v. Cheney, 642 F.3d 364, 369 (2d Cir. 2011) (district court did not err in dismissing claim with prejudice in absence of any indication plaintiff could or would provide additional allegations leading to different result); Horoshko v. Citibank, N.A., 373 F.3d 248, 249-50 (2d Cir. 2004) (per curiam) (district court did not abuse its discretion by not granting leave to amend w…
discussed Cited as authority (rule) Nurse Anonymous v. Good Samaritan Hospital of Suffern NY
S.D.N.Y. · 2022 · confidence medium
See TechnoMarine SA v. Giftports, Inc., 758 F.3d 493, 505 (2d Cir. 2014) (plaintiff need not be given leave to amend if plaintiff fails to specify how amendment would cure the pleading deficiencies in the complaint); Gallop v. Cheney, 642 F.3d 364, 369 (2d Cir. 2011) (district court did not err in dismissing claim with prejudice in absence of any indication plaintiff could or would provide additional allegations leading to different result); Horoshko v. Citibank, N.A., 373 F.3d 248, 249-50 (2d Cir. 2004) (per curiam) (district court did not abuse its discretion by not granting leave to amend w…
cited Cited as authority (rule) Avent v. Platinum Plus Auto Protection
N.D.N.Y. · 2022 · confidence medium
Bd. of Educ., 112 F.3d 69 , 69–70 (2d Cir. 1997), and then citing Horoshko v. Citibank, N.A., 373 F.3d 248, 250 (2d Cir. 2004)), report and recommendation adopted 2017 WL 4157337 , 2017 U.S. Dist.
discussed Cited as authority (rule) Scott-Monck v. Matrix Absence Management, Inc.
S.D.N.Y. · 2022 · confidence medium
See TechnoMarine SA v. Giftports, Inc., 758 F.3d 493, 505 (2d Cir. 2014) (plaintiff need not be given leave to amend if plaintiff fails to specify how amendment would cure the pleading deficiencies in the complaint); Gallop v. Cheney, 642 F.3d 364, 369 (2d Cir. 2011) (district court did not err in dismissing claim with prejudice in absence of any indication plaintiff could or would provide additional allegations leading to different result); Horoshko v. Citibank, N.A., 373 F.3d 248, 249-50 (2d Cir. 2004) (per curiam) (district court did not abuse its discretion by not granting leave to amend w…
discussed Cited as authority (rule) Gamma Traders - I LLC v. Merrill Lynch Commodities, Inc. (2×) also: Cited "see"
2d Cir. · 2022 · confidence medium
But a district court cannot be said to err by “not permitting an amendment that was never requested.” Horoshko v. Citibank, N.A., 373 F.3d 248, 250 (2d Cir. 2004); see also City of Harper Woods Empls.’ Ret.
discussed Cited as authority (rule) Thomas v. N.Y. Department of Corrections Community Supervision
S.D.N.Y. · 2022 · confidence medium
See TechnoMarine SA v. Giftports, Inc., 758 F.3d 493, 505 (2d Cir. 2014) (plaintiff need not be given leave to amend if plaintiff fails to specify how amendment would cure the pleading deficiencies in the complaint); Gallop v. Cheney, 642 F.3d 364, 369 (2d Cir. 2011) (district court did not err in dismissing claim with prejudice in absence of any indication plaintiff could or would provide additional allegations leading to different result); Horoshko v. Citibank, N.A., 373 F.3d 248, 249-50 (2d Cir. 2004) (per curiam) (district court did not abuse its discretion by not granting leave to amend w…
discussed Cited as authority (rule) Williams v. MRS BPO, L.L.C.
S.D.N.Y. · 2022 · confidence medium
See TechnoMarine SA v. Giftports, Inc., 758 F.3d 493, 505 (2d Cir. 2014) (plaintiff need not be given leave to amend if he fails to specify how amendment would cure the pleading deficiencies in his complaint); Gallop v. Cheney, 642 F.3d 364, 369 (2d Cir. 2011) (district court did not err in dismissing claim with prejudice in absence of any indication plaintiff could or would provide additional allegations leading to different result); Horoshko v. Citibank, N.A., 373 F.3d 248, 249-50 (2d Cir. 2004) (per curiam) (district court did not abuse its discretion by not granting leave to amend where th…
discussed Cited as authority (rule) Cossette v. Downstate Correctional Facility
S.D.N.Y. · 2022 · confidence medium
See TechnoMarine SA v. Giftports, Inc., 758 F.3d 493, 505 (2d Cir. 2014) (plaintiff need not be given leave to amend if plaintiff fails to specify how amendment would cure the pleading deficiencies in the complaint); Gallop v. Cheney, 642 F.3d 364, 369 (2d Cir. 2011) (district court did not err in dismissing claim with prejudice in absence of any indication plaintiff could or would provide additional allegations leading to a different result); Horoshko v. Citibank, N.A., 373 F.3d 248, 249-50 (2d Cir. 2004) (per curiam) (district court did not abuse its discretion by not granting leave to amend…
discussed Cited as authority (rule) Warren v. ResMed Corp.
S.D.N.Y. · 2022 · confidence medium
Amendment is not warranted, however, “absent some indication as to what [a plaintiff] might add to [its] complaint in order to make it viable.” Shemian v. Research In Motion Ltd., 570 F. App’x 32, 37 (2d Cir. 2014) (summary order) (quoting Horoshko v. Citibank, N.A., 373 F.3d 248, 249 (2d Cir. 2004) (per curiam)).
discussed Cited as authority (rule) Dr. Stewart Lucas Murrey v. Brandyourself.com Inc
S.D.N.Y. · 2022 · confidence medium
Aug. 28, 2020), the Court shall not grant Plaintiff leave to amend at this time because it cannot evaluate whether such an amendment would be futile, see Horoshko v. Citibank, N.A., 373 F.3d 248, 249 (2d Cir. 2004); see also ECF No. 96.
Retrieving the full opinion text from the archive…
Valentine Horoshko and Roger Horoshko
v.
Citibank, N.A., Trustee-Appellee, Chase Manhattan Mortgage Corporation, Charles G. Stiene, David Goldstein, Joan Marie Durante, Supreme Court of the State of New York, Michael Armstrong, Superintendent of Banking of New York State
03-7388.
Court of Appeals for the Second Circuit.
Jul 1, 2004.
373 F.3d 248

373 F.3d 248

Valentine HOROSHKO and Roger Horoshko, Plaintiffs-Appellants,
v.
CITIBANK, N.A., Trustee-Appellee,
Chase Manhattan Mortgage Corporation, Charles G. Stiene, David Goldstein, Joan Marie Durante, Supreme Court of the State of New York, Michael Armstrong, Superintendent of Banking of New York State, Defendants-Appellees.

Docket No. 03-7388.

United States Court of Appeals, Second Circuit.

Argued: May 7, 2004.

Decided: July 1, 2004.

Valentine Horoshko, pro se, North Miami, FL, for Plaintiffs-Appellants.

M. John Pittoni, Garden City, NJ, for Defendants-Appellees Citibank, N.A., Trustee, and Chase Manhattan Mortgage Corp.

Robert D. Aronin, Mineola, NY, for Defendant-Appellee Charles G. Steine.

Before: OAKES, B.D. PARKER, Circuit Judges, KORMAN,[*] District Judge.

PER CURIAM.

1

Plaintiffs-Appellants Valentine Horoshko and Roger Horoshko appeal from a judgment of the United States District Court for the Eastern District of New York (Sterling Johnson, Jr., Judge) dismissing as frivolous their complaint, which asserted claims under the Racketeer Influenced and Corrupt Organizations (RICO) Act, 18 U.S.C. §§ 1961-1968, and the Civil Rights Act, 42 U.S.C. § 1985, against Citibank, N.A., Chase Manhattan Mortgage Corporation, and others. The Horoshkos are defendants in a separate foreclosure action brought by Citibank in the Supreme Court of the State of New York, County of Queens. Following an unsuccessful effort to have the foreclosure action permanently removed to the United States District Court for the Eastern District of New York, the Horoshkos filed the complaint underlying this appeal, alleging that Appellees are part of a RICO enterprise that harassed and intimidated individuals who do not perform on mortgages held by Citibank and Chase. The District Court found the Horoshkos' substantive claims to be "[f]rivolous or [m]alicious," Horoshko v. Citibank, N.A., No. 02-CV-6089 (SJ), slip op. at 2 (E.D.N.Y. Mar. 3, 2003), and their claim of diversity jurisdiction to be "frivolous" as well, id. at 6. The Court consequently dismissed the complaint, and noted that "any appeal from this Order would not be taken in good faith." Id.

2

On appeal, the Horoshkos raise two issues. First, they argue that the District Court abused its discretion by not granting them leave to file an amended complaint. Second, they contend that the District Court erred in finding diversity jurisdiction absent.

3

Turning to the first issue, the record before us does not indicate that the Horoshkos requested an opportunity to file an amended pleading in the District Court. On appeal, furthermore, the Horoshkos fail to disclose what additional allegations they would make which might lead to a different result. See, e.g., Nat'l Union of Hosp. & Health Care Employees v. Carey, 557 F.2d 278, 282 (2d Cir.1977). Instead, they simply make the conclusory assertion that "the complaint can be amended to state a valid claim under the RICO Act." Appellants' Br. at 5. Because an amendment is not warranted "[a]bsent some indication as to what appellants might add to their complaint in order to make it viable," Nat'l Union of Hosp. & Health Care Employees, 557 F.2d at 282, the District Court was under no obligation to provide the Horoshkos with leave to amend their complaint, much less provide such leave sua sponte. The Horoshkos' contention that the District Court abused its discretion in not permitting an amendment that was never requested is frivolous. With respect to the Horoshkos' second claim concerning diversity jurisdiction, this issue is immaterial since the District Court's dismissal was based on the frivolous nature of the Horoshkos' substantive claims rather than any perceived lack of jurisdiction.

4

Our consideration of this appeal convinces us that it is yet another example of Appellants' repeated and meritless efforts to delay the foreclosure proceedings. The District Court noted that the Horoshkos filed a virtually identical complaint in the United States District Court for the Southern District of Ohio. See Horoshko, supra, at 2 n. 1. That complaint was dismissed, and the dismissal was affirmed on appeal by the United States Court of Appeals for the Sixth Circuit. It also appears that the Horoshkos have litigated three separate state actions, and initiated three federal appeals, all in connection with their foreclosure. See Letter Br. of Defs.-Appellees Citibank, N.A., Trustee and Chase Manhattan Mortgage Corp. of 5/13/04, at 3.

5

It is well-established that "[a]lthough a party which loses in the district court has the right to pursue any and all bona fide arguments upon appeal, the right to an appeal does not grant a party a license to clog the appellate docket by advancing meritless arguments for the sole purpose of harassing the prevailing party and subjecting it to undue time and expense." Rodriguez Alvarez v. Bahama Cruise Line, Inc., 898 F.2d 312, 317 (2d Cir.1990). In view of the Horoshkos' dogged pursuit of their frivolous claims, both in this Court and others, we conclude that they have grossly abused the appellate process. Pursuant to Federal Rule of Appellate Procedure 38,[1] therefore, we award Appellees reasonable attorneys' fees and instruct the clerk of this Court to assess double costs against the Horoshkos. We remand to the District Court for the calculation of attorneys' fees and instruct the District Court to then enter judgment against the Horoshkos for the appropriate amount. See Rodriguez Alvarez, 898 F.2d at 318. We further instruct the District Court to provide the Horoshkos with a reasonable opportunity to show cause as to why a filing injunction should not be imposed against them, and if the District Court deems such action warranted, to fashion an appropriate injunction. That injunction might, for example, prohibit the Horoshkos from filing any future complaints related to, or arising out of, their foreclosure action in any United States District Court without first obtaining leave from the District Court below. See Malley v. New York City Bd. of Educ., 112 F.3d 69, 69 (2d Cir.1997); Safir v. U.S. Lines, Inc., 792 F.2d 19, 24 (2d Cir.1986) (outlining five factors for district court to consider in determining whether to impose a filing injunction); In re Martin-Trigona, 737 F.2d 1254 (2d Cir.1984).

CONCLUSION

6

For the foregoing reasons, the judgment of the District Court is affirmed, and this case is remanded to the District Court for further proceedings consistent with this opinion.

Notes:

*

The Honorable Edward R. Korman, Chief Judge, United States District Court for the Eastern District of New York, sitting by designation

1

Rule 38 provides: "If a court of appeals determines that an appeal is frivolous, it may, after a separately filed motion or notice from the court and reasonable opportunity to respond, award just damages and single or double costs to the appellee." Appellants were notified of the possibility of sanctions from the bench during oral arguments, and given two weeks to provide a letter brief to the Court articulating their position. Appellants failed to respond