Bilhorn v. Farlow
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order unanimously reversed, without costs, and motion granted. Memorandum: Plaintiffs seek to amend their complaint a second time. We believe that Special Term’s denial of the application was an improvident exercise of discretion. Although the granting of such a motion is within the sound discretion of the court, leave to amend should be freely granted in the absence of a showing of prejudice (CPLR 3025, subd [b]; e.g., Albany Crane Serv. v Pettibone Mulliken Corp., 54 AD2d 794). Plaintiffs state reasonable grounds for amendment and the same basic facts are alleged as in the former complaint…
2Cases cited11 opinions
- Dittmar Explosives, Inc. v. A. E. Ottaviano, Inc.New York Court of Appeals · 1967
- Gardner v. Fyr-Fyter Co.Appellate Division of the Supreme Court of the State of New York · 1976
- Cerrato v. R. H. Crown Co.Appellate Division of the Supreme Court of the State of New York · 1977
- Smith v. University of Rochester Medical CenterAppellate Division of the Supreme Court of the State of New York · 1969
- Albany Crane Service, Inc. v. Pettibone Mulliken Corp.Appellate Division of the Supreme Court of the State of New York · 1976
6 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Titsworth v. MondoNew York Supreme Court · 1978
- Citibank v. SuthersAppellate Division of the Supreme Court of the State of New York · 1979
- Genesee Brewing Co. v. Village of Sodus PointNew York Supreme Court · 1984
- Luisi v. JWT Group, Inc.New York Supreme Court · 1985
- Lawless v. City of BuffaloAppellate Division of the Supreme Court of the State of New York · 1991
6 more not listed; retrieve them via the Exa API.