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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Graham Court Owners Corp. v. Powell, 196 Misc. 2d 825 (2003)

Citation
Graham Court Owners Corp. v. Powell, 196 Misc. 2d 825 (2003)
Parent Document
Graham Court Owners Corp. v. Powell, 196 Misc. 2d 825 (2003)
Jurisdiction
New York (state)
Effective Date
2003-07-03

Full Text

478 chars
It is well established that leave to amend is freely given and is within the court’s discretion. (Duffy v Bass & D’Allesandro, 245 AD2d 333 [2d Dept 1997].) Leave to amend a pleading should be granted in the absence of prejudice or surprise to the opposing party. (Murray v City of New York, 43 NY2d 400 [1977].) Petitioner has failed to demonstrate that an amendment would be prejudicial to its position. This is so particularly in light of the procedural history of this case.