regard to Apartment 3V and whether Gerard Owners Corp. failed to file MCI statements with
DHCR.
That branch of the motion by defendant Gerard Owners Corp. seeking a preliminary
injunction directing the plaintiff to pay use and occupancy pendente lite is denied. A party
seeking a preliminary injunction must show (1) a likelihood of success on the merits, (2)
irreparable injury if provisional relief is withheld, and (3) a weight of the equities in his favor
(see, McGrath v Town Bd. of Town of North Greenbush, 254 AD2d 614 [3rd
Dept. 1998], lv. to appeal denied, 93 NY2d 803 [1999]). In the case at bar, the defendant
owner failed to establish the element of irreparable injury.
That branch of the cross motion by plaintiff Roshodesh which is for an order permitting him
to serve an amended complaint adding a fifth cause of action, asserted against the New York City
Department of Finance, is granted. The plaintiff shall serve his amended complaint within thirty
days of the service of a copy of this order with notice of entry. The plaintiff alleges that the New
York City Department of Finance held the money he was ordered to deposit and that the
Department negligently released too much money to Gerard Towers.
CPLR 3025(b) provides that leave to amend a pleading "shall be freely given upon such
terms as may be just" (see, Holchendler v We Transport, Inc., 292 AD2d 568
[2nd Dept. 2002]; St. Paul Fire & Marine Ins. Co. v Town of Hempstead, 291 AD2d 488
[2nd Dept. 2002]; Whitney-Carrington v New York Methodist Hosp., 289 AD2d 326
[2nd Dept. 2001]). As a general rule, the amendment of a complaint will be permitted where
there is no significant prejudice or surprise to the defendant (see, Edenwald Contr.
Co. v City of New York, 60 NY2d 957 [1983]; Holchendler v We Transport, Inc.,