Appellate Division of the Supreme Court of New York, 2000

Tarantini v. Russo Realty Corp.

Appellate Division of the Supreme Court of New York · Decided June 26, 2000

273 A.D.2d 458; 712 N.Y.S.2d 358; 2000 N.Y. App. Div. LEXIS 7383

Cases that cite this one

16 later published cases cite this decision.

Schwartz v. Sayah (Appellate Division of the Supreme Court of New York 2011)
Sydnor v. Home Depot U.S.A., Inc. (Appellate Division of the Supreme Court of New York 2010)
Wirsing v. Donzi Marine Inc. (Appellate Division of the Supreme Court of New York 2006)
Employers Insurance v. Meli & Borelli Associates, Inc. (Appellate Division of the Supreme Court of New York 2006)
Glaser v. County of Orange (Appellate Division of the Supreme Court of New York 2005)
Nadkarni v. North Shore-Long Island Jewish Health System (Appellate Division of the Supreme Court of New York 2005)
Crystal House Manor, Inc. v. Totura (Appellate Division of the Supreme Court of New York 2004)
Cerabono v. Price (Appellate Division of the Supreme Court of New York 2004)
Ruffing v. Union Carbide Corp. (Appellate Division of the Supreme Court of New York 2003)
Hartford Casualty Insurance v. Vengroff Williams & Associates, Inc. (Appellate Division of the Supreme Court of New York 2003)
Breco Environmental Contractors, Inc. v. Town of Smithtown (Appellate Division of the Supreme Court of New York 2003)
AYW Networks, Inc. v. Teleport Communications Group, Inc. (Appellate Division of the Supreme Court of New York 2003)
Monello v. Sottile, Megna, M.D., P. C. (Appellate Division of the Supreme Court of New York 2001)
Leszczynski v. Kelly & McGlynn (Appellate Division of the Supreme Court of New York 2001)
Silverite Construction Co. v. Town of North Hempstead (Appellate Division of the Supreme Court of New York 2001)
Levine v. Levine (Appellate Division of the Supreme Court of New York 2001)

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

In an action, inter alia, to establish title to certain real property by adverse possession, the defendant Russo Realty Corp. appeals from (1) a decision of the Supreme Court, Suffolk County *459(Catterson, J.), dated June 4, 1999, and (2) an order of the same court dated February 18, 2000, which denied its motion for leave to amend its answer to interpose a defense that RPAPL 541 unconstitutionally deprived it of its right to property.

Ordered that the appeal from the decision is dismissed, as no appeal lies from a decision (see, Schicchi v Green Constr. Corp., 100 AD2d 509); and it is further,

Ordered that the order is affirmed; and it is further,

Ordered that the respondent is awarded one bill of costs.

Motions for leave to amend pleadings should be liberally granted absent prejudice or surprise resulting directly from the delay (see, CPLR 3025 [b]; McCaskey, Davies & Assocs. v New York City Health & Hosps. Corp., 59 NY2d 755; Fahey v County of Ontario, 44 NY2d 934, 935). However, where the proposed amendment is palpably insufficient as a matter of law or is totally devoid of merit, leave should be denied (see, Alejandro v Riportella, 250 AD2d 556; Sentry Ins. Co. v Kero-Sun, Inc., 122 AD2d 204; Norman v Ferrara, 107 AD2d 739). Here, the appellant’s proposed defense, that RPAPL 541 unconstitutionally deprived it of its right to property, is totally devoid of merit. Therefore, the motion for leave to amend the answer was properly denied. S. Miller, J. P., Altman, H. Miller and Schmidt, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.