Legal Opinion

Campbell v. Genesis Contractors, Inc.

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

Decided September 28, 2010Published

1Opinion of the Court

In an action to recover damages for injury to property, the plaintiff appeals from an order of the Supreme Court, Orange County (McGuirk, J.), dated January 11, 2010, which granted the defendant’s motion for leave to serve an amended answer to interpose the affirmative defense of release.

Ordered that the order is affirmed, with costs.

CFLR 3025 (b) provides that leave to serve an amended plead*1039ing should be freely given upon such terms as are just. Whether to grant such leave is within the Supreme Court’s broad discretion (see Ingrami v Rovner, 45 AD3d 806 [2007]; Keating v Nanuet Bd. of Educ.,…

2Cases cited4 opinions

  1. Ingrami v. RovnerAppellate Division of the Supreme Court of the State of New York · 2007
  2. AYW Networks, Inc. v. Teleport Communications Group, Inc.Appellate Division of the Supreme Court of the State of New York · 2003
  3. Charleson v. City of Long BeachAppellate Division of the Supreme Court of the State of New York · 2002
  4. Keating v. Nanuet Board of EducationAppellate Division of the Supreme Court of the State of New York · 2007

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