Jackson v. City of New York

Full title: RAYMOND JACKSON et al., Appellants, v. CITY OF NEW YORK, Respondent

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

Date published: May 30, 2000

272 A.D.2d 581 (N.Y. App. Div. 2000)

709 N.Y.S.2d 408

Opinion

May 30, 2000

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Queens County (Taylor, J.), dated August 4, 1999, which denied their motion for leave to amend the complaint and restore the action to the trial calendar.

Before: Ritter, J. P., Thompson, S. Miller and Florio, JJ.

Ordered that the order is affirmed, with costs.

This Court dismissed the complaint in its entirety ( see, Jackson v. City of New York, 251 A.D.2d 457; Jackson v. City of New York, 240 A.D.2d 708). The Supreme Court does not have jurisdiction to grant leave to amend a complaint and restore an action to the trial calendar under these circumstances ( see, CPLR 3025[b]; Slater v. American Min. Spirits Co., 33 N.Y.2d 443, 447).