Legal Opinion

Yerdon v. Baldwinsville Academy

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

Decided May 25, 1972PublishedCited by 6 opinions

1Opinion of the Court

Order insofar as appealed from unanimously reversed, with costs, and motion granted. Memorandum: Leave to serve amended bills of particulars and complaints “ in the absence of a showing of prejudice should be freely granted ” (Kerlin v. Green, 36 A D 2d 892). The amendments here sought are not the addition of a new and different cause of action which would prejudice the defendants and the mere lapse of time without more is not sufficient ground for denial of the motion for leave to amend (see Matter of McNally v. Mosbacher, 36 A D 2d 522; Smith v. University of Rochester Med. Center, 32 A D…

2Cited by6 opinions

  1. Bilhorn v. FarlowAppellate Division of the Supreme Court of the State of New York · 1977
  2. Eng v. Di CarloAppellate Division of the Supreme Court of the State of New York · 1981
  3. Allen v. PohlAppellate Division of the Supreme Court of the State of New York · 1978
  4. Earner v. ShookAppellate Division of the Supreme Court of the State of New York · 1976
  5. Finn v. Crystal Beach Transit Co.Appellate Division of the Supreme Court of the State of New York · 1977

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