Schwartz v. Sayah
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action, inter alia, to recover damages for conversion and to recover on a personal guarantee, the defendant Andrew W. Sayegh appeals from an order of the Supreme Court, West-*927Chester County (Adler, J.), entered February 23, 2010, which denied his motion for leave to amend his answer to assert a counterclaim to recover damages pursuant to Judiciary Law §487.
Ordered that the order is affirmed, with costs.
Leave to amend pleadings should be freely granted (see CPLR 3025 [b]; Thomas Crimmins Contr. Co. v City of New York, 74 NY2d 166, 170 [1989]) in the absence of prejudice or surprise…
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