Sewkarran v. DeBellis
Cases that cite this one
20 later published cases cite this decision.
- Pergament v. Roach (Appellate Division of the Supreme Court of New York 2007)
- Trataros Construction, Inc. v. New York City School Construction Authority (Appellate Division of the Supreme Court of New York 2007)
- Young v. A. Holly Patterson Geriatric Center (Appellate Division of the Supreme Court of New York 2005)
- Voyticky v. Duffy (Appellate Division of the Supreme Court of New York 2005)
- Kimso Apartments, LLC v. Gandhi (Appellate Division of the Supreme Court of New York 2013)
- Kimso Apartments, LLC v. Gandhi (Appellate Division of the Supreme Court of New York 2013)
- Rodgers v. New York City Transit Authority (Appellate Division of the Supreme Court of New York 2013)
- Rodgers v. New York City Transit Authority (Appellate Division of the Supreme Court of New York 2013)
- NYCHA Coney Island Houses v. Ramos (Civil Court of the City of New York 2013)
- Smithtown Health Care Facility v. McCormack (Appellate Division of the Supreme Court of New York 2010)
- Zeleznik v. MSI Construction, Inc. (Appellate Division of the Supreme Court of New York 2008)
- Benyo v. Sikorjak (Appellate Division of the Supreme Court of New York 2008)
- Atifa v. Shairzad (Appellate Division of the Supreme Court of New York 2008)
- Thomsen v. Suffolk County Police Department (Appellate Division of the Supreme Court of New York 2008)
- Simmons v. Pierce (Appellate Division of the Supreme Court of New York 2007)
- Madeline Lee Bryer, P.C. v. Samson Equities, LLC (Appellate Division of the Supreme Court of New York 2007)
- Peach Parking Corp. v. 346 West 40th Street, LLC (Appellate Division of the Supreme Court of New York 2007)
- Surgical Design Corp. v. Correa (Appellate Division of the Supreme Court of New York 2006)
- Comsewogue Union Free School District v. Allied-Trent Roofing Systems, Inc. (Appellate Division of the Supreme Court of New York 2005)
- Jae v. Board of Education of Pelham Union Free School District (Appellate Division of the Supreme Court of New York 2005)
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, for a declaration that the tax assessment method used by the defendants violates the Fair Housing Act (42 USC § 3601 et seq.), the plaintiffs appeal from an order of the Supreme Court, Westchester County (Jamieson, J.), entered May 29, 2003, which denied their motion for leave to serve an amended complaint.
Ordered that the order is affirmed, with costs.
Although leave to amend a pleading “shall be freely given” in the absence of surprise or prejudice (CPLR 3025 [b]), the determination whether to grant such leave is within the court’s discretion, and the exercise of that discretion will not be lightly disturbed (see Travelers Prop. Cas. v Powell, 289 AD2d 564, 565 [2001]).
Given the plaintiffs’ extended delay in moving for leave to serve an amended complaint, and the lack of a reasonable excuse for the delay in seeking that relief, the Supreme Court providently exercised its discretion in denying the plaintiffs’
The plaintiffs’ remaining contentions are without merit. Santucci, J.P., Luciano, Schmidt and Skelos, JJ., concur.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.