Kimso Apts., LLC v. Gandhi
| Docket Number | 197 |
| Decision Date | 25 November 2014 |
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17 cases
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Verdi v. SP Irving Owner
...preparation of [its] case or has been prevented from taking some measure in support of [its] position" (Kimso Apts., LLC v. Gandhi, 24 N.Y.3d 403, 411, 998 N.Y.S.2d 740, 23 N.E.3d 1008 [internal quotation marks omitted]). [4] Here, the Supreme Court improvidently exercised its discretion in......
- Kimso Apartments, LLC v. Gandhi
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Mackoff v. Bluemke-Mackoff
..." ( R & G Brenner Income Tax Consultants v. Gilmartin, 166 A.D.3d 685, 687, 89 N.Y.S.3d 85, quoting Kimso Apts., LLC v. Gandhi, 24 N.Y.3d 403, 411, 998 N.Y.S.2d 740, 23 N.E.3d 1008 ). Generally, "[d]elay alone is insufficient to bar an amendment to the pleading" ( R & G Brenner Income Tax C......
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Dray v. Staten Island Univ. Hosp.
...851 N.Y.S.2d 238). The burden of establishing prejudice is on the party opposing the amendment (see Kimso Apts., LLC v. Gandhi, 24 N.Y.3d 403, 411, 998 N.Y.S.2d 740, 23 N.E.3d 1008). "In determining a motion for leave to amend a pleading, a court shall not examine the legal sufficiency or m......
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