De Janne v. Gargiulo

Order denying plaintiff’s motion for leave to serve an amended complaint reversed on the law, without costs, and motion granted upon payment by plaintiff of twenty-five dollars costs. Under the circumstances, it was an improper exercise of discretion to refuse to permit plaintiff to serve an amended complaint. While plaintiff is chargeable with laches in making the motion, it does not appear, nor do defendants claim, that they are prejudiced by the delay. It is apparent that the failure to plead in the original complaint the additional cause of action for fraud is attributable to plaintiff’s…