Williams v. New York University Hospital
Cases that cite this one
4 later published cases cite this decision.
- Meisel v. Grunberg (Appellate Division of the Supreme Court of New York 2002)
- Clayton Webster Corp. v. Bozell & Jacobs, Inc. (Appellate Division of the Supreme Court of New York 1990)
- Ross v. Ross (Appellate Division of the Supreme Court of New York 1988)
- Jewish Board of Guardians v. Grumman Allied Industries Inc. (Appellate Division of the Supreme Court of New York 1983)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
■— Order, Supreme Court, New York County (Ryp, J.), entered October 20, 1981 which granted plaintiff wife’s motion for leave to serve an amended complaint so as to set forth a separate cause of action on behalf of the husband for loss of consortium and services and for medical and hospital expenses, unanimously reversed, on the law and the facts, and motion to amend denied, with costs. More than two and one-half years after the commencement of the action and five years after the injury, and after the Statute of Limitations had run, when discovery had been completed and the case was set for trial, plaintiff moved for leave to serve an amended complaint, adding a cause of action for loss of services on behalf of her husband. The couple had been married from the inception of the action, but that fact was not noted in the original pleadings. While leave to amend pleadings should be freely given, the inordinate delay in moving to add this new cause of action and party warrants reversal. We find the plaintiffs to have been guilty of laches under the circumstances of this record and to have failed in their affidavit to have included any explanation for the inordinate delay. (See Saturno v Yanow, 50 AD2d 1097; Smith v Sarkisian, 63 AD2d 780.) Concur — Sullivan, J. P., Carro, Fein, Silverman and Milonas, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.