Heritage Co. v. LaValle

Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: We find no merit to defendant’s contention that Supreme Court abused its discretion in granting the motion of plaintiff The Heritage Company of Massena (plaintiff) to amend the complaint to add additional parties plaintiffs. Where, as here, the record fails to establish prejudice or surprise to the opposing party, leave to amend should be freely granted (see, CPLR 3025 [b]; Agri Fin. v Senter, 105 AD2d 560). We agree, however, with defendant that Supreme Court erred in…