Legal Opinion

Medi-Trust Financial Services Corp. v. Giardina

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

Decided March 29, 2000Published

1Opinion of the Court

—Order unanimously affirmed without costs. Memorandum: Supreme Court did not abuse its discretion in granting plaintiffs motion for leave to amend the complaint. The resolution of a motion for leave to amend is committed to the sound discretion of the trial court (see, Edenwald Contr. Co. v City of New York, 60 NY2d 957, 959; see also, Murray v City of New York, 43 NY2d 400, 404-405, rearg dismissed 45 NY2d 966). We reject the contention that plaintiff was guilty of gross laches and thus

*804that the motion should have been denied. “ ‘Mere lateness is not a barrier to the amendment. It must be…

2Cases cited3 opinions

  1. Edenwald Contracting Co. v. City of New YorkNew York Court of Appeals · 1983
  2. Murray v. City of New YorkNew York Court of Appeals · 1977
  3. Slavet v. Horton Memorial HospitalAppellate Division of the Supreme Court of the State of New York · 1996

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