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Canellis v. Gitlin

Appellate Division of the Supreme Court of New York, Second Department
Feb 5, 2001
280 A.D.2d 445 (N.Y. App. Div. 2001)

Opinion

Submitted January 10, 2001.

February 5, 2001.

In an action to recover damages for trespass, the defendants appeal from an order of the Supreme Court, Westchester County (Donovan, J.), entered January 13, 2000, which denied their motion for leave to amend their answer.

Richard H. Abelson, White Plains, N.Y., for appellants.

Before: LAWRENCE J. BRACKEN, ACTING P.J., SONDRA MILLER, LEO F. McGINITY, ROBERT W. SCHMIDT, JJ.


DECISION ORDER

ORDERED that the order is reversed, with costs, and the motion is granted; and it is further,

ORDERED that the appellants' time to serve and file an amended answer is extended until 30 days after the service upon them of a copy of this decision and order, with notice of entry.

The Supreme Court improvidently exercised its discretion in denying the defendants' motion for leave to amend their answer (see, CPLR 3025[b]). The plaintiff did not allege, let alone demonstrate, that he would suffer any prejudice or surprise if the Supreme Court allowed the amendment (see, Napolitano v. DGM-I Corp., 255 A.D.2d 567; Corsale v. Pantry Pride Supermarket, 197 A.D.2d 659).


Summaries of

Canellis v. Gitlin

Appellate Division of the Supreme Court of New York, Second Department
Feb 5, 2001
280 A.D.2d 445 (N.Y. App. Div. 2001)
Case details for

Canellis v. Gitlin

Case Details

Full title:PETER CANELLIS, RESPONDENT, v. JOHN GITLIN, ET AL., APPELLANTS

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Feb 5, 2001

Citations

280 A.D.2d 445 (N.Y. App. Div. 2001)
719 N.Y.S.2d 891