Monovar Enterprises Suffolk, Inc. v. Calcanes

Appellate Division of the Supreme Court of New York

Monovar Enterprises Suffolk, Inc. v. Calcanes

216 A.D.2d 446, 628 N.Y.S.2d 543, 1995 N.Y. App. Div. LEXIS 6481

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

DecidedJune 19, 1995

StatusPublished

This text of 216 A.D.2d 446 (Monovar Enterprises Suffolk, Inc. v. Calcanes) 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.

Bluebook

Monovar Enterprises Suffolk, Inc. v. Calcanes, 216 A.D.2d 446, 628 N.Y.S.2d 543, 1995 N.Y. App. Div. LEXIS 6481 (N.Y. Ct. App. 1995).

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Opinion

—In an action to recover damages for breach of contract, the defendant appeals from an order of the Supreme Court, Nassau County (Robbins, J.), dated March 23, 1994, which granted the plaintiff’s motion for leave to amend its complaint.

Ordered that the order is affirmed, with costs.

Since the proposed amendments to the plaintiff’s complaint would not create prejudice or surprise, the Supreme Court did not improvidently exercise its discretion in granting the plaintiff leave to amend (see, CPLR 3025 [b]; Corsale v Pantry Pride Supermarket, 197 AD2d 659; Barbour v Hospital for Special Surgery, 169 AD2d 385). O’Brien, J. P., Ritter, Pizzuto and Florio, JJ., concur.

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—In an action to recover damages for breach of contract, the defendant appeals from an order of the Supreme Court, Nassau County (Robbins, J.), dated March 23, 1994, which granted the plaintiff’s motion for leave to amend its complaint.

Ordered that the order is affirmed, with costs.

Since the proposed amendments to the plaintiff’s complaint would not create prejudice or surprise, the Supreme Court did not improvidently exercise its discretion in granting the plaintiff leave to amend (see, CPLR 3025 [b]; Corsale v Pantry Pride Supermarket, 197 AD2d 659; Barbour v Hospital for Special Surgery, 169 AD2d 385). O’Brien, J. P., Ritter, Pizzuto and Florio, JJ., concur.

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Bluebook (online)

216 A.D.2d 446, 628 N.Y.S.2d 543, 1995 N.Y. App. Div. LEXIS 6481, Counsel Stack Legal Research, https://law.counselstack.com/opinion/monovar-enterprises-suffolk-inc-v-calcanes-nyappdiv-1995.

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