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Battaglia v. Held's Janitorial, Inc.

Citations: 83 A.D.3d 1397; 925 N.Y.S.2d 364

Court: Appellate Division of the Supreme Court of the State of New York; April 1, 2011; New York; State Appellate Court

Narrative Opinion Summary

An appeal was made regarding an order from the Supreme Court of Erie County, issued on January 22, 2010, in a personal injury case. The court granted the plaintiff's motion to amend the summons and complaint to include Iskalo Electric Tower, LLC and Iskalo Development Corp. as defendants, replacing Iskalo Holding Corporation. The appellate court unanimously affirmed the lower court's order without any costs. The decision was made by Justices Scudder, Fahey, Carni, Green, and Gorski.

Legal Issues Addressed

Affirmation by Appellate Court

Application: The appellate court confirmed the lower court's order without imposing any costs, indicating agreement with the initial decision to permit the amendment.

Reasoning: The appellate court unanimously affirmed the lower court's order without any costs.

Amendment of Summons and Complaint

Application: The appellate court affirmed the decision to allow the plaintiff to amend the summons and complaint to include new defendants, Iskalo Electric Tower, LLC and Iskalo Development Corp., replacing Iskalo Holding Corporation.

Reasoning: The court granted the plaintiff's motion to amend the summons and complaint to include Iskalo Electric Tower, LLC and Iskalo Development Corp. as defendants, replacing Iskalo Holding Corporation.