Narrative Opinion Summary
An appeal was made regarding a Supreme Court order from September 29, 1980, in Albany County, which denied a motion by the defendant National Grange Mutual Insurance Company to amend its answer and add cross claims against co-defendants Arnold Applebaum Agency, Inc. and Irwin Applebaum. The requested amendment occurred shortly before trial and over three and a half years after the issues were joined. The court found no abuse of discretion in the Special Term's refusal, particularly due to the lack of justification for the significant delay. The order was affirmed, with costs awarded, and all judges except Weiss concurred.
Legal Issues Addressed
Amendment of Pleadingssubscribe to see similar legal issues
Application: The court considered whether the defendant could amend its answer to include cross claims against co-defendants shortly before trial.
Reasoning: An appeal was made regarding a Supreme Court order from September 29, 1980, in Albany County, which denied a motion by the defendant National Grange Mutual Insurance Company to amend its answer and add cross claims against co-defendants Arnold Applebaum Agency, Inc. and Irwin Applebaum.
Award of Costssubscribe to see similar legal issues
Application: The affirmation of the order included an award of costs, indicating that the appellants were required to cover certain expenses due to the appeal.
Reasoning: The order was affirmed, with costs awarded, and all judges except Weiss concurred.
Discretion of the Courtsubscribe to see similar legal issues
Application: The court's decision to deny the amendment was upheld on the basis that there was no abuse of discretion, given the timing and lack of justification for the delay.
Reasoning: The court found no abuse of discretion in the Special Term's refusal, particularly due to the lack of justification for the significant delay.