Millard v. Alliance Laundry Systems, LLC

Gorski and Pine, JJ.

(dissenting). We respectfully dissent and conclude that Supreme Court properly granted the motion *868“seeking an [o]rder granting [l]eave to [a]mend the [c]omplaint to assert direct causes of action against [third-party defendant Tramz Hotels, Inc., doing business as Holiday Inn (Tramz),] for spoliation and negligent impairment of [p]laintiff s claim.” Generally, “ ‘[l]eave to amend a pleading should be freely granted in the absence of prejudice to the nonmoving party where the amendment is not patently lacking in merit’ ” (McFarland v Michel, 2 AD3d 1297, 1300 [2003],…