Legal Opinion

Aurora Medical Group, P.C. v. Genewick

Appellate Division of the Supreme Court of the State of New York

Decided December 30, 2009PublishedCited by 1 opinion

1Opinion of the Court

Memorandum: Plaintiff commenced this action seeking damages for, inter alia, breach of its employment contract with defendant. We conclude that Supreme Court properly granted *1770plaintiff’s motion seeking leave to serve a second amended complaint. “[Generally, leave to amend a pleading should be freely granted in the absence of prejudice to the nonmoving party where the amendment[s are] not patently lacking in merit . . ., and the decision whether to grant leave to amend a [pleading] is committed to the sound discretion of the court” (Tag Mech. Sys., Inc. v V.I.P. Structures, Inc., 63 AD3d 1504,…

2Cases cited3 opinions

  1. Edenwald Contracting Co. v. City of New YorkNew York Court of Appeals · 1983
  2. Maxon v. Franklin Traffic Service, Inc.Appellate Division of the Supreme Court of the State of New York · 1999
  3. TAG Mechanical System, Inc. v. V.I.P. Structures, Inc.Appellate Division of the Supreme Court of the State of New York · 2009

3Cited by1 opinion

  1. Shanahan v. SungAppellate Division of the Supreme Court of the State of New York · 2010

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