Century 21 Petrey Real Estate, Inc. v. Ryan & Walis Realty, Inc.

Appellate Division of the Supreme Court of New York

Century 21 Petrey Real Estate, Inc. v. Ryan & Walis Realty, Inc.

284 A.D.2d 491, 726 N.Y.S.2d 582, 2001 N.Y. App. Div. LEXIS 6770

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

DecidedJune 25, 2001

StatusPublished

This text of 284 A.D.2d 491 (Century 21 Petrey Real Estate, Inc. v. Ryan & Walis Realty, Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Century 21 Petrey Real Estate, Inc. v. Ryan & Walis Realty, Inc., 284 A.D.2d 491, 726 N.Y.S.2d 582, 2001 N.Y. App. Div. LEXIS 6770 (N.Y. Ct. App. 2001).

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Opinion

Ordered that the order is reversed, on the law and as a matter of discretion, without costs or disbursements, the motion is granted, and the second amended complaint is deemed served.

The Supreme Court improvidently exercised its discretion in denying the appellants’ motion for leave to serve a second amended complaint. The appellants sufficiently demonstrated the merits of their proposed pleading and the respondents failed to establish any prejudice resulting from the delay in seeking leave to amend (see, Castle v Gaseteria Oil Corp., 263 AD2d 523; Bobrowsky v Lexus, 215 AD2d 424). Further, the fact that the case was certified as ready for trial does not preclude an amendment of the complaint (see, Barraza v Sambade, 212 AD2d 655).

We decline to award costs in this case, in light of the inadequate appendix submitted by the appellants. Altman, J. P., S. Miller, Friedmann and Smith, JJ., concur.

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Ordered that the order is reversed, on the law and as a matter of discretion, without costs or disbursements, the motion is granted, and the second amended complaint is deemed served.

The Supreme Court improvidently exercised its discretion in denying the appellants’ motion for leave to serve a second amended complaint. The appellants sufficiently demonstrated the merits of their proposed pleading and the respondents failed to establish any prejudice resulting from the delay in seeking leave to amend (see, Castle v Gaseteria Oil Corp., 263 AD2d 523; Bobrowsky v Lexus, 215 AD2d 424). Further, the fact that the case was certified as ready for trial does not preclude an amendment of the complaint (see, Barraza v Sambade, 212 AD2d 655).

We decline to award costs in this case, in light of the inadequate appendix submitted by the appellants. Altman, J. P., S. Miller, Friedmann and Smith, JJ., concur.

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Bluebook (online)

284 A.D.2d 491, 726 N.Y.S.2d 582, 2001 N.Y. App. Div. LEXIS 6770, Counsel Stack Legal Research, https://law.counselstack.com/opinion/century-21-petrey-real-estate-inc-v-ryan-walis-realty-inc-nyappdiv-2001.

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