Narrative Opinion Summary
Yocaira De La Cruz filed a lawsuit against Evers Marina and Seaplane Base, alleging injuries sustained while riding a jet ski at their facility due to the defendants' negligence in securing their property. The Supreme Court of Bronx County, under Judge Alison Y. Tuitt, denied the defendants' motion to dismiss the complaint under CPLR 3211(a)(7) and granted the plaintiff's request to amend her complaint and extend the time for service of the amended complaint. The Appellate Division, First Department, affirmed this decision, concluding that the complaint sufficiently stated a negligence claim and that the court acted within its discretion in allowing the amendment to include a claim under Navigation Law § 73-a(1)(e), which pertains to improper boat launching after sunset. The appellate court found the defendants' additional arguments unpersuasive. The decision was entered on February 7, 2023, and is subject to revision before official publication.
Legal Issues Addressed
Amendment of Complaintsubscribe to see similar legal issues
Application: The court exercised its discretion to allow the plaintiff to amend her complaint to include new claims, finding this amendment appropriate.
Reasoning: The Supreme Court of Bronx County...granted the plaintiff's request to amend her complaint and extend the time for service of the amended complaint.
Application of Navigation Law § 73-a(1)(e)subscribe to see similar legal issues
Application: The court permitted the amendment of the complaint to include a claim under Navigation Law concerning improper boat launching, reflecting the case's circumstances involving a jet ski incident.
Reasoning: The court acted within its discretion in allowing the amendment to include a claim under Navigation Law § 73-a(1)(e), which pertains to improper boat launching after sunset.
Negligence Claim Sufficiencysubscribe to see similar legal issues
Application: The appellate court confirmed that the plaintiff's allegations were sufficient to state a claim of negligence against the defendants for failing to secure their property.
Reasoning: The Appellate Division, First Department, affirmed this decision, concluding that the complaint sufficiently stated a negligence claim.
Standard for Motion to Dismiss under CPLR 3211(a)(7)subscribe to see similar legal issues
Application: The court evaluated whether the plaintiff's complaint sufficiently stated a cause of action for negligence, determining that it did and therefore denying the defendants' motion to dismiss.
Reasoning: The Supreme Court of Bronx County, under Judge Alison Y. Tuitt, denied the defendants' motion to dismiss the complaint under CPLR 3211(a)(7).