Legal Opinion
Eifs, Inc. v. Morie Co.
Appellate Division of the Supreme Court of the State of New York
Decided March 19, 2001PublishedCited by 1 opinion
1Opinion of the Court
—In an action, inter alia, to recover damages for breach of contract and breach of warranty, the defendant appeals from an order of the Supreme Court, Suffolk County (Molia, J.), dated March 29, 2000, which granted the plaintiffs motion for leave to serve and file an amended complaint.
Ordered that the order is affirmed, with costs.
Leave to amend pleadings “shall be freely given,” absent prejudice or surprise resulting directly from the delay (CPLR 3025 [b]; see, McCaskey, Davies & Assocs. v New York City Health & Hosps. Corp., 59 NY2d 755). Here, the defendant failed to demonstrate that the…
2Cases cited2 opinions
- Murray v. City of New YorkNew York Court of Appeals · 1977
- McCaskey, Davies & Associates, Inc. v. New York City Health & Hospitals Corp.New York Court of Appeals · 1983
3Cited by1 opinion
- EIFS, Inc. v. Morie Co.Appellate Division of the Supreme Court of the State of New York · 2002