JAMES v. R & G HACKING CORP.


39 A.D.3d 385 (2007)

835 N.Y.S.2d 61

MELVIN D. JAMES, Respondent, v. R & G HACKING CORP. et al., Defendants, and TAXI WHEELS TO LEASE, INC., Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided April 24, 2007.


Initially, we find that the motion court erred when it denied Taxi Wheels to Lease, Inc.'s motion for summary judgment on the ground that it was actually an untimely motion to reargue a prior order granting plaintiff leave, pursuant to CPLR 3025, to add TWL as a defendant. It is settled that the standard applied on a motion to amend a pleading is much less exacting than the standard applied on a motion for summary judgment (see...

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