Medi-Trust Financial Services Corp. v. Giardina
Appellate Division of the Supreme Court of the State of New York
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
- Edenwald Contracting Co. v. City of New YorkNew York Court of Appeals · 1983
- Murray v. City of New YorkNew York Court of Appeals · 1977
- Slavet v. Horton Memorial HospitalAppellate Division of the Supreme Court of the State of New York · 1996