J.J. Detweiler Enterprises, Inc. v. Yazowski
This text of 207 A.D.2d 1033 (J.J. Detweiler Enterprises, Inc. v. Yazowski) 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.
Opinion
—Order unanimously reversed on the law without costs and motion granted. Memorandum: Supreme Court should have granted plaintiff leave to amend its complaint. Absent prejudice or surprise, leave to amend should be freely granted (CPLR 3025 [b]). We do not rule upon the merits or legal sufficiency of the proposed amendment (see, Kusak v Allstate Ins. Co., 190 AD2d 1050). (Appeal from Order of Supreme Court, Oneida County, Tenney, J.—Amended Complaint.) Present—Lawton, J. P., Fallon, Wesley, Doerr and Boehm, JJ.
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Cite This Page — Counsel Stack
207 A.D.2d 1033, 617 N.Y.S.2d 699, 1994 N.Y. App. Div. LEXIS 10379, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jj-detweiler-enterprises-inc-v-yazowski-nyappdiv-1994.