McKenzie v. Ostreich
This text of 300 A.D.2d 371 (McKenzie v. Ostreich) 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
—In an action to recover damages for medical malpractice, etc., the defendant appeals from an order of the Supreme Court, Nassau County (Carter, J.), dated January 11, 2002, which denied his motion for leave to amend his answer to include an affirmative defense of the statute of limitations.
Ordered that the order is reversed, with costs, and the motion is granted.
Leave to amend a pleading should be freely granted absent a showing of prejudice resulting from the delay and provided that the proposed amendment is not plainly lacking in merit. Here, the Supreme Court improvidently exercised its discretion in denying the defendant’s motion. Altman, J.P., S. Miller, McGinity, Schmidt and Rivera, JJ., concur.
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Cite This Page — Counsel Stack
300 A.D.2d 371, 751 N.Y.S.2d 762, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mckenzie-v-ostreich-nyappdiv-2002.