Legal Opinion

Antwerpse Diamantbank N.V. v. Nissel

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

Decided March 2, 2006PublishedCited by 7 opinions

1Opinion of the Court

*208Order, Supreme Court, New York County (Charles E. Ramos, J.), entered February 16, 2005, which granted defendants’ motion to amend their answer to change an admission of an allegation to a denial and to interpose a statute of limitations defense, unanimously affirmed, with costs.

It is well settled that leave to amend a pleading shall be freely granted absent prejudice or surprise resulting from the delay (CPLR 3025 [b]). Despite the passage of a year since the filing of the original answer, there was no prejudice to plaintiff because of the lack of significant discovery or other progress in…

2Cases cited2 opinions

  1. Seda v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1992
  2. Ancrum v. St. Barnabas HospitalAppellate Division of the Supreme Court of the State of New York · 2003

3Cited by7 opinions

  1. CDR Créances S.A.S. v. CohenAppellate Division of the Supreme Court of the State of New York · 2010
  2. Murray v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2008
  3. Flowers v. MombrunAppellate Division of the Supreme Court of the State of New York · 2023
  4. FTBK Investor II LLC v. Genesis Holding LLCNew York Supreme Court · 2014
  5. St. Nicholas W. 126 L.P. v. Republic Inv. Co., LLCAppellate Division of the Supreme Court of the State of New York · 2021

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