Gesing v. Fadale

— Order unanimously reversed on the law without costs and motion granted, in accordance with the following memorandum: The court erred in denying plaintiffs motion to serve an amended complaint seeking to add allegations of willful misconduct and a demand for punitive damages. Absence of insurance coverage for such claim does not constitute prejudice warranting denial of a motion to amend under CPLR 3025 (b) (see, Dooley v Bacardi Imports, 98 AD2d 993). Plaintiff consents to striking its note of issue, so there is no merit to defendants’ contention, that they have been deprived of an…