Global Business Institute v. Rivkin Radler LLP
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
The motion court improvidently exercised its discretion in denying plaintiff’s motion. Leave to amend the pleadings is freely granted, absent prejudice (see Mandel, Resnik & Kaiser, P.C. v E.I. Elecs., Inc., 41 AD3d 386, 388 [2007]; see also Loomis v Civetta Corinno Constr. Corp., 54 NY2d 18 [1981]), and plaintiff has stated, at this juncture, a cognizable claim against defendant law firm for failure to sufficiently advise it of the consequences of the tax escalation clause in the lease it eventu*554ally executed with its landlord several months after retaining defendant (see Escape Airports…
2Cases cited4 opinions
- Loomis v. Civetta Corinno Construction Corp.New York Court of Appeals · 1981
- Mandel, Resnik & Kaiser, P.C. v. E.I. Electronics, Inc.Appellate Division of the Supreme Court of the State of New York · 2007
- Escape Airports (USA), Inc. v. Kent, Beatty & Gordon, LLPAppellate Division of the Supreme Court of the State of New York · 2010
- Firequench, Inc. v. KaplanAppellate Division of the Supreme Court of the State of New York · 1998