Appellate Division of the Supreme Court of New York, 2002

Charleson v. City of Long Beach

Appellate Division of the Supreme Court of New York · Decided September 30, 2002

297 A.D.2d 777; 747 N.Y.2d 802; 747 N.Y.S.2d 802; 2002 N.Y. App. Div. LEXIS 8876

Cases that cite this one

7 later published cases cite this decision.

Jenal v. Brown (Appellate Division of the Supreme Court of New York 2011)
Sealy v. Clifton L.L.C. (New York Surrogate's Court 2011)
DeLouise v. S.K.I. Wholesale Beer Corp. (Appellate Division of the Supreme Court of New York 2010)
Campbell v. Genesis Contractors, Inc. (Appellate Division of the Supreme Court of New York 2010)
Paolano v. Southside Hospital (Appellate Division of the Supreme Court of New York 2004)
Ruddock v. Boland Rentals, Inc. (Appellate Division of the Supreme Court of New York 2004)
Silletti v. Display Workshop, Inc. (New York Supreme Court, Kings County 2004)

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

*778In the absence of surprise or prejudice to the opposing party, leave to amend a complaint is to be freely granted (see CPLR 3025 [b]; Edenwald Contr. Co. v City of New York, 60 NY2d 957; Dal Youn Chung v Farberov, 285 AD2d 524). Here, however, the plaintiffs’ proposed fourth cause of action, alleging violations of the Federal Racketeer Influenced and Corrupt Organization Act (18 USC § 1962), was not adequately pleaded and is plainly lacking in merit (see Curran v Auto Lab Serv. Ctr., 280 AD2d 636; 136 E. 56th St. Owners v Darnet Realty Assoc., 248 AD2d 327, 328; Schuler v Board of Educ. of Cent. Islip Union Free School Dist., 2000 WL 134346 [ED NY, Feb. 1, 2000]; United States v Private Sanitation Indus. Assn. of Nassau/Suffolk, 793 F Supp 1114, 1129).

The appellants’ remaining contentions are without merit. Ritter, J.P., Krausman, McGinity and Luciano, JJ., concur.

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