Legal Opinion

J.J. Detweiler Enterprises, Inc. v. Yazowski

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

Decided September 30, 1994Published

1Opinion of the Court

—Order unanimously reversed on the law without costs and motion granted. Memorandum: Supreme Court should have granted plaintiff leave to amend its complaint. Absent prejudice or surprise, leave to amend should be freely granted (CPLR 3025 [b]). We do not rule upon the merits or legal sufficiency of the proposed amendment (see, Kusak v Allstate Ins. Co., 190 AD2d 1050). (Appeal from Order of Supreme Court, Oneida County, Tenney, J.—Amended Complaint.) Present—Lawton, J. P., Fallon, Wesley, Doerr and Boehm, JJ.

2Cases cited1 opinion

  1. Kusak v. Allstate InsuranceAppellate Division of the Supreme Court of the State of New York · 1993