Loewentheil v. White Knight, Ltd.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order, Supreme Court, New York County (Barbara R. Kapnick, J.), entered October 9, 2009, which granted third-party plaintiff leave to file and serve an amended third-party complaint with a claim against plaintiffs, unanimously affirmed, with costs.
Leave to amend pleadings, which should be liberally granted, is a function of the trial court, and the discretionary grant of such relief will not be overturned on appeal “absent a showing that the facts supporting the amendment do not support the purported claim or claims” (Peach Parking Corp. v 346 W. 40th St., LLC, 42 AD3d 82, 86 [2007]). Supreme…
2Cases cited2 opinions
- Peach Parking Corp. v. 346 West 40th Street, LLCAppellate Division of the Supreme Court of the State of New York · 2007
- Moore v. WashingtonAppellate Division of the Supreme Court of the State of New York · 1970
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