England v. Sanford
| Decision Date | 01 July 1991 |
| Citation | 78 N.Y.2d 928,573 N.Y.S.2d 639 |
| Parties | , 578 N.E.2d 437 Rimfa ENGLAND et al., Respondents, v. James SANFORD, Appellant. |
| Court | New York Court of Appeals Court of Appeals |
Prior report: 167 A.D.2d 147, 561 N.Y.S.2d 228.
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed, with costs, and certified question answered in the affirmative. The Appellate Division did not abuse its discretion as a matter of law in granting plaintiffs' motion for leave to amend their complaint. In the absence of such abuse, this Court has no power to review the grant of a discretionary remedy. Hence, the only remaining issue presented by the question certified is whether the Appellate Division had the power to grant the requested relief. We conclude that it had this power, and pass on no other issue.
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4 cases
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Vamos v. Coca-Cola Bottling Co. of New York, Inc.
...in Beverage § 2[a] at 22; see also England v. Sanford, 167 A.D.2d 147, 561 N.Y.S.2d 228 (1st Dep't 1990), aff'd 78 N.Y.2d 928, 573 N.Y.S.2d 639, 578 N.E.2d 437 (1991). In order to recover, however, the injured consumer must prove that the product was actually defective or unwholesome, and t......
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Garrison v. Wm. H. Clark Mun. Equipment Inc.
...a breach of warranty claim would not be made (see, England v. Sanford, 167 A.D.2d 147, 148-149, 561 N.Y.S.2d 228, affd 78 N.Y.2d 928, 573 N.Y.S.2d 639, 578 N.E.2d 437). Finally, insofar as our review of the record does not lead us to conclude that the proposed breach of implied warranty cau......
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Walker v. Pepsico, Inc.
...rise to the proposed new causes of action (see, England v. Sanford, 167 A.D.2d 147, 148-149, 561 N.Y.S.2d 228, affd. 78 N.Y.2d 928, 573 N.Y.S.2d 639, 578 N.E.2d 437; Goldstein v. Brogan Cadillac Oldsmobile Corp., 90 A.D.2d 512, 513, 455 N.Y.S.2d 19). Plaintiff should be permitted to amend t......
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Mortka v. K-Mart Corp., K-MART
... ... ), we find no error in Supreme Court's decision to grant plaintiffs leave to amend their complaint to add a breach of warranty theory (see, England v. Sanford, 167 A.D.2d 147, 561 N.Y.S.2d 228, affd 78 N.Y.2d 928, 573 N.Y.S.2d 639, 578 N.E.2d 437). As to defendant's motion to dismiss the ... ...