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

Appellate Division of the Supreme Court of the State of New York·Decided June 25, 2001·Published

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.

Free access — add to your briefcase to read the full text and ask questions with AI

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.

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).

Pincite

284 A.D.2d 491 (Century 21 Petrey Real Estate, Inc. v. Ryan & Walis Realty, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related