New York Court of Appeals, 1983

McCaskey, Davies & Associates, Inc. v. New York City Health & Hospitals Corp.

New York Court of Appeals · Decided May 11, 1983

59 N.Y.2d 755; 450 N.E.2d 240; 463 N.Y.S.2d 434; 1983 N.Y. LEXIS 3104

Cases that cite this one

186 later published cases cite this decision. The 25 that cite it most often are listed here.

Harris v. Trueaccord Corp. (NYC Civil Court, New York 2025)
Katz v. Castlepoint Insurance (Appellate Division of the Supreme Court of New York 2014)
Fada Industries, Inc. v. Falchi Building Co. (New York Supreme Court 2001)
Paola v. Esposito (Appellate Division of the Supreme Court of New York 1990)
Byrne v. Fordham University (Appellate Division of the Supreme Court of New York 1986)
Sinelnikova v. Museum of Sex LLC (New York Supreme Court, New York County 2025)
English v. Brady (Appellate Division of the Supreme Court of New York 2025)
Anaya v. City of New York (New York Supreme Court, New York County 2024)
Favourite Limited v. Benedetto Cico (N.Y. 2024)
Valladares v. Henry V. Murray Senior, LLC (New York Supreme Court, New York County 2024)
Riverside Ctr. Site 5 Owner LLC v. Tishman Constr. Corp. of N.Y. (New York Supreme Court, New York County 2024)
Contreras v. City of New York (New York Supreme Court, New York County 2024)
Matter of Falck (Appellate Division of the Supreme Court of New York 2024)
Hibbert v. City of New York (New York Supreme Court, New York County 2024)
August Constr. Group, Inc. v. DeGroat (New York Supreme Court 2023)
Thomas v. 560-566 Hudson LLC (Appellate Division of the Supreme Court of New York 2023)
Alvarez v. Charles St. Owners Corp. (Appellate Division of the Supreme Court of New York 2022)
Alvarez v. Charles St. Owners Corp. (Appellate Division of the Supreme Court of New York 2022)
Hillside Place, LLC v. Shahid (Appellate Terms of the Supreme Court of New York 2022)
Pitt v. Hague Corp. (Appellate Division of the Supreme Court of New York 2021)
Pons v. Adriness Partners, L.P. (Appellate Division of the Supreme Court of New York 2021)
Burke, Albright, Harter & Rzepka LLP v. Sills (Appellate Division of the Supreme Court of New York 2020)
Trinidad v. Turner Constr. Co. (Appellate Division of the Supreme Court of New York 2020)
Stone v. City of Buffalo (Appellate Division of the Supreme Court of New York 2020)
Mawere v. Landau (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

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be modified by reversing so much of it as granted defendant’s motion for summary judgment dismissing the complaint and by denying defendant’s motion for that relief, and, as so modified, affirmed.

*757Leave to amend the pleadings “shall be freely given” absent prejudice or surprise resulting directly from the delay (CPLR 3025, subd [b]; Fahey v County of Ontario, 44 NY2d 934, 935). Here the amendment sought to be pleaded was failure to comply with the contractual time limitation requiring commencement of action within six months of termination. There being nothing in the papers indicative of prejudice to or surprise of plaintiff, it was an abuse of discretion as a matter of law for Trial Term to deny defendant’s motion to amend its answer.

It was, however, error for the Appellate Division to grant defendant’s motion for summary judgment. Each party claimed the other had breached the contract; neither gave formal notice of termination. Whether the action was timely commenced turns, therefore, on whether in fact the contract was terminated and, if so, when. These questions present triable issues of fact barring summary judgment.

Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Fuchsberg, Meyer and Simons concur.

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [g]), order modified, with costs to plaintiff, in accordance with the memorandum herein and, as so modified, affirmed.

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