Maiolo v. De Mare

Order unanimously reversed, without costs, and motion granted. Memorandum: Defendants Sakati and Adams appeal from that part of an order of Special Term which denied leave to amend their pleading by adding an additional cause of action sounding in fraud in their cross claim against the defendant De Mare. Plaintiff commenced this action for ejectment in July, 1975. She alleges that a one-story ranch-style house constructed on land now owned by Sakati and Adams encroaches upon her adjoining property. Sakati and Adams acquired their property from De Mare, the builder of the house, on May 22,…