There is no evidence of bad faith or undue delay on the part of defendant Cuprum. This Court has held that leave to amend shall be freely given absent any reason to the contrary, such as bad faith, undue delay, or futility of amendment. After the filing of a responsive pleading, a party may amend a pleading only by leave of the court, which leave "shall be freely given when justice so requires." Fed.R.Civ.P. The Court will address these matters in turn.ĭefendant Cuprum seek leave of this Court to amend its answer. In that letter, defendant Cuprum also argued on the basis of these new defenses that dismissal of all claims against it was proper. On February 7, 2000, defendant Cuprum filed a letter brief seeking leave of the Court to amend its answer and raise certain affirmative defenses that its former counsel failed to raise. He filed suit on Augagainst both defendants claiming they violated New York's product liability law and breached the ladder's warranty. Two years after receiving the ladder, Plaintiff alleges that it unexpectedly collapsed beneath him, causing serious head injuries. Defendant Cuprum manufactured the ladder in Mexico. That ladder was purchased at an outlet store of defendant Hechinger's successor corporation, Builder's Square, located in Colonie, New York. Plaintiff received a six-foot aluminum ladder as a gift in the spring of 1997. For the following reasons, defendant Cuprum's motion is DENIED. Presently before the Court is defendant Cuprum's motion to amend and, in the alternative, to dismiss. Martin, Thorn, Gershon Law Firm, Albany, NY, for Defendant. Varley, Donohue, Sabo Law Firm, Albany, NY, Joseph Hein, Office of Joseph Hein, Altamont, NY, for Plaintiff. DE CV., and Hechinger Company, Defendants.
0 kommentar(er)
