AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Advocates
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Advocates
Judges

JOSEPH CASSATA, ET AL., Plaintiffs-Appellants, v. NEW YORK NEW ENGLAND EXCHANGE, Defendant-Respondent.

The motion court properly denied plaintiffs' motion for leave to amend their complaint seeking damages for trespass to add a claim for punitive damages since the proposed amendment was palpably insufficient as a matter of law (see Davis Davis, P.C. v. Morson, 286 A.D.2d 584). Plaintiffs made no showing that the trespass at issue was maliciously motivated (see Schiffman v. Empire Blue Cross Blue Shield, 256 A.D.2d 131) or that it constituted a wanton, willful or reckless disregard of plaintiffs' right of possession (see Litwin v. Town of Huntington, 248 A.D.2d 361). Leave to amend the complaint to add a claim for attorneys' fees was also properly denied since plaintiffs failed to set forth a statutory, contractual or other legal basis for an award of such fees (see E.M.R. Mgt. Corp. v. Halstead Harrison Assocs., 299 A.D.2d 393, 749 N.Y.S.2d 569).

We have considered plaintiffs' remaining arguments and find them unavailing. Any further application for the relief sought herein will result in the imposition of sanctions, sua sponte.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

Use AI to get other relevant cases.

Comments

CASSATA v. N.Y. NEW ENGLAND EXCHANGE
(Apr 8, 2003)