Appellate Division of the Supreme Court of New York, 2003

Kazakhstan Investment Fund Ltd. v. Manolovici

Appellate Division of the Supreme Court of New York · Decided December 16, 2003

2 A.D.3d 249; 768 N.Y.S.2d 324; 2003 N.Y. App. Div. LEXIS 13309

Cases that cite this one

5 later published cases cite this decision.

Favourite Ltd. v. Cico (Appellate Division of the Supreme Court of New York 2022)
Favourite Ltd. v. Cico (Appellate Division of the Supreme Court of New York 2022)
Vendetti v. Zywiak (Appellate Division of the Supreme Court of New York 2021)
Wells Fargo Bank, N.A. v. Fanto (Appellate Division of the Supreme Court of New York 2017)
Prinz v. New York State Electric & Gas (Appellate Division of the Supreme Court of New York 2011)

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 (Ira Gammerman, J.), entered October 3, 2002, which denied plaintiffs motion to amend its complaint, unanimously affirmed, with costs.

*250Plaintiffs motion to amend its complaint was properly denied since its complaint had been dismissed on a prior motion as time-barred and there was, accordingly, nothing left before the court to amend (see Jeffrey L. Rosenberg & Assoc. v Kadem Capital Mgt., 306 AD2d 155 [2003]). In any event, plaintiff’s proposed amended complaint, although containing differently named causes, relies on essentially the same allegations that the motion court and this Court, in affirming the complaint’s dismissal (306 AD2d 36 [2003]), found insufficient to state timely claims for relief (see Gottfried v Gottfried, 269 App Div 413, 422 [1945]). Concur—Buckley, P.J., Nardelli, Tom, Mazzarelli and Sullivan, JJ.

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