Brinati v. Southlake Properties Corp.

Order unanimously reversed on the law with costs and motion granted. Memorandum: Leave to amend pleadings should be freely granted (see, CPLR 3025 [b]). In the instant case, because the intervenors’ claim of criminal usury is supported by sufficient proof, we conclude that Supreme Court erred in denying their motion for leave to amend their answer (cf., Newton v Aqua Flo Co., 106 AD2d 919). Intervenors provided documentary evidence that a $25,000 check was immediately endorsed back to plaintiffs decedent as part of the $100,000 loan transaction, and submitted an affidavit from one of the…