Appellate Division of the Supreme Court of New York, 2012

Wadsworth Avenue Associates v. Maynard

Appellate Division of the Supreme Court of New York · Decided January 5, 2012

91 A.D.3d 452; 935 N.Y.2d 880

Cases that cite this one

2 later published cases cite this decision.

Lee v. Lyft, Inc. (New York Supreme Court, New York County 2024)
Tanner v. Stack (Appellate Division of the Supreme Court of New York 2019)

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

*453Haggerty, nominally not a party but effectively acting as a party, commenced several actions against defendant, the general partner of plaintiff Wadsworth Avenue Associates, one of which sought, among other things, an accounting and repayment of partnership funds allegedly converted or stolen by defendant. The action was dismissed by a final judgment entered May 23, 2005. Haggerty improperly appealed from the interlocutory order dismissing the complaint and not from the subsequently entered final judgment, and his appeal was dismissed (23 AD3d 302 [2005]). He is now seeking leave to amend the complaint in that action. The motion court correctly concluded that Haggerty has no right to seek leave to amend a complaint in an action that has been finally dismissed. Concur — Saxe, J.E, Sweeny, Moskowitz, Manzanet-Daniels and Román, JJ.

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