Bargil Assocs., LLC v. Crites
| Decision Date | 19 June 2019 |
| Docket Number | 2016-11252,Index No. 17522/08 |
| Citation | 100 N.Y.S.3d 898 (Mem),173 A.D.3d 956 |
| Parties | BARGIL ASSOCIATES, LLC, Respondent, v. Elsa CRITES, etc., Appellant. |
| Court | New York Supreme Court — Appellate Division |
173 A.D.3d 956
100 N.Y.S.3d 898 (Mem)
BARGIL ASSOCIATES, LLC, Respondent,
v.
Elsa CRITES, etc., Appellant.
2016-11252
Index No. 17522/08
Supreme Court, Appellate Division, Second Department, New York.
Submitted—December 11, 2018
June 19, 2019
Abrams, Gorelick, Friedman & Jacobson, LLP, New York, N.Y. (Steven DiSiervi of counsel), for appellant.
Michael B. Schulman & Associates, P.C., Melville, NY, for respondent.
JOHN M. LEVENTHAL, J.P., COLLEEN D. DUFFY, FRANCESCA E. CONNOLLY, LINDA CHRISTOPHER, JJ.
DECISION & ORDER
In an action, inter alia, for a judgment declaring the parties' respective rights under a certain contract dated August 8, 2007, the defendant appeals from an order of the Supreme Court, Nassau County (Edward A. Maron, J.), dated July 13, 2016. The order denied the defendant's motion for leave to amend her answer to assert counterclaims sounding in breach of contract, quantum meruit, and unjust enrichment.
ORDERED that the order is reversed, on the law, with costs, and the defendant's motion for leave to amend her answer to assert counterclaims sounding in breach of contract, quantum meruit, and unjust enrichment is granted.
The underlying facts for this action may be found in our decision and order in a prior related appeal, Bargil Assoc., LLC v. Crites , 135 A.D.3d 676, 678, 24 N.Y.S.3d 119, in which this Court determined that the Supreme Court should have granted that branch of the plaintiff's motion which was pursuant to CPLR 3211(a) to dismiss the defendant's counterclaims "without prejudice," based on a procedural ground. Two months later, after the procedural impairment was rectified, the defendant moved for leave to amend her answer to assert the same previously dismissed counterclaims sounding in breach of contract, quantum meruit, and unjust enrichment. The Supreme Court denied the motion, and the defendant appeals. We reverse.
CPLR 3025(b) provides that leave to amend a pleading "shall be freely given." "Thus, leave to amend a pleading should be granted where the amendment is neither palpably...
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...sufficient cause is shown why the complaint should not be dismissed." The language of CPLR 3215(c) 104 N.Y.S.3d 722 is mandatory in 173 A.D.3d 956 the first instance, inasmuch as it provides that the court "shall" dismiss the complaint when the plaintiff has not sought a default judgment wi......
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Bargil Assocs., LLC v. Crites
...Bargil Assoc., LLC v. Crites , 135 A.D.3d 676, 24 N.Y.S.3d 119, and in a related appeal decided herewith, Bargil Assoc., LLC v. Crites , 173 A.D.3d 956, 100 N.Y.S.3d 898, 2019 WL 2519045 (Appellate Division Docket No. 2016–11252). Following the completion of discovery, the plaintiff filed a......