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Dziezynski v. Carucci

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 2, 1996
224 A.D.2d 965 (N.Y. App. Div. 1996)

Opinion

February 2, 1996

Appeal from the Supreme Court, Oneida County, Shaheen, J.

Present — Pine, J.P., Lawton, Wesley, Davis and Boehm, JJ.


Order unanimously affirmed without costs. Memorandum: Plaintiffs appeal from an order that granted the motion of defendants to amend their answer to assert an affirmative defense of limited liability pursuant to CPLR 1601 (1) and denied the cross motion of plaintiffs to try their negligence action separately from defendants' third-party action. At oral argument, the parties informed this Court that the case had since been tried with a substantial verdict for plaintiffs. Plaintiffs withdrew those portions of their brief contesting the propriety of trying the main action with the third-party action and the application of CPLR 1601 (1) with respect to defendants and third-party defendant. We conclude that the order allowing amendment of the answer with regard to the parties in the main action and the third-party action was within Supreme Court's broad discretion.


Summaries of

Dziezynski v. Carucci

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 2, 1996
224 A.D.2d 965 (N.Y. App. Div. 1996)
Case details for

Dziezynski v. Carucci

Case Details

Full title:ANGELA M. DZIEZYNSKI et al., Appellants, v. JOSEPH R. CARUCCI et al.…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Feb 2, 1996

Citations

224 A.D.2d 965 (N.Y. App. Div. 1996)
638 N.Y.S.2d 372