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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Section 3025

Citation
Section 3025
Parent Document
Baer v. Huggins, 41 Misc. 3d 605 (2013)
Jurisdiction
New York (state)
Effective Date
2013-08-08

Full Text

873 chars
Section 3025 (c) of the CPLR provides that a court may permit pleadings to be amended before or after judgment to conform them to the evidence, upon such terms as may be just, including the granting of costs and continuances. Moreover, it may do so even in the absence of a motion, provided there is no prejudice to the opposing party. (See Matter of Allstate Ins. Co. v Joseph, 35 AD3d 730, 731 [2d Dept 2006], citing A-1 Cheek Cashing Serv. v Goodman, 148 AD2d 482 [2d Dept 1989].) Here, although petitioner initially objected to Mr. Huggins’ testimony regarding the leaks in his apartment, he raised no objection *612when Mr. Huggins testified about the complaints he made to NYCHA and 311, and about the HP action he filed, nor did his attorney object when Mr. Huggins questioned him regarding a recent conversation they had regarding his motive for bringing this case.