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Evans v. Ellis

Appellate Division of the Supreme Court of New York, Second Department
Dec 27, 2004
13 A.D.3d 577 (N.Y. App. Div. 2004)

Opinion

2003-07431

December 27, 2004.

In a consolidated action, inter alia, to quiet title to certain real property, the plaintiff Abena Evans appeals, as limited by her brief, from so much of an order of the Supreme Court, Westchester County (Nicolai, J.), entered July 15, 2003, as denied her motion for leave to serve a supplemental summons and amended complaint.

Before: Smith, J.P., Luciano, Crane and Rivera, JJ., concur.


Ordered that the order is affirmed, with costs.

Contrary to the appellant's contention on appeal, the Supreme Court providently exercised its discretion in denying her motion for leave to serve a supplemental summons and amended complaint ( see CPLR 3025 [b]; Leszczynski v. Kelly McGlynn, 281 AD2d 519, 520; Heckler Elec. Co. v. Matrix Exhibits-N.Y., 278 AD2d 279; cf. Pirrotti Pirrotti, LLP v. Estate of Warm, 8 AD3d 545, 546; Fuentes v. City of New York, 3 AD3d 549, 550).


Summaries of

Evans v. Ellis

Appellate Division of the Supreme Court of New York, Second Department
Dec 27, 2004
13 A.D.3d 577 (N.Y. App. Div. 2004)
Case details for

Evans v. Ellis

Case Details

Full title:ABENA EVANS, Appellant, et al., Plaintiffs, v. LOUIS ELLIS et al.…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 27, 2004

Citations

13 A.D.3d 577 (N.Y. App. Div. 2004)
786 N.Y.S.2d 334

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