Valentine Tr. v. Kernizan

In Valentine Tr. v. Kernizan, 191 A.D.2d 159 (1st Dept 1993) the plaintiff moved to amend its complaint to add an additional claim and for summary judgment on that claim at the same time. The court granted the motion to amend but denied the summary judgment motion as premature on the ground that a motion for summary judgment cannot be made until after issue is joined.