Opinion
Index Nos. 157710/2021 596056/2021 MOTION SEQ. No. 001
06-06-2023
ALLISON JOHNSON-SHIRLEY, Plaintiff, v. HWA 1290 III LLC, HWA 1290 IV LLC, HWA 1290 V LLC, STRUCTURE TONE, LLC, Defendant. HWA 1290 III LLC, HWA 1290 IV LLC, HWA 1290 V LLC, STRUCTURE TONE, LLC Plaintiff, v. ALAS-ACON ELECTRIC SERVICE CORP. Defendant.
Unpublished Opinion
PRESENT: HON. MARY V. ROSADO Justice
ORDER - AMENDING CAPTION
Mary V. Rosado, Judge
The following e-filed documents, listed by NYSCEF document number (Motion 001) 23, 24, 25, 26, 27, 28 were read on this motion to/for AMEND CAPTION/PLEADINGS
Upon the foregoing documents, there being no opposition, and good cause having been shown, Plaintiff Allison Johnson-Shirley's ("Plaintiff') motion seeking to amend her caption and her pleadings to include an additional party, Linklaters, LLP, as a defendant is granted.
Leave to amend pleadings is freely granted in the absence of prejudice if the proposed amendment is not palpably insufficient as a matter of law (Mashinksy v Drescher, 188 A.D.3d 465 [1st Dept 2020]). A party opposing a motion to amend must demonstrate that it would be substantially prejudiced by the amendment, or the amendments are patently devoid of merit (Greenburgh Eleven Union Free School Dist. V National Union Fire Ins. Co., 298 A.D.2d 180, 181 [1st Dept 2002]). Delay alone is not sufficient to deny leave to amend (Johnson v Montefiore Medical Center, 203 A.D.3d 462 [1st Dept 2022]).
Here, there is no opposition, and no party has shown how they might be prejudiced by allowing Plaintiff to amend'the caption and her pleadings. Therefore, under this lenient standard, Plaintiffs motion is granted.
Accordingly, it is hereby, ORDERED that Plaintiffs motion for leave to amend the caption and the pleadings is granted, and the amended complaint in the proposed form annexed as Exhibit D to Plaintiffs moving papers (NYSCEF No. 28) shall be deemed served upon HWA 1290 III LLC, HWA 1290 IV LLC, HWA 1290 V LLC and Structure Stone LLC upon service of a copy of this order with notice of entry thereof; and it is further
ORDERED that Plaintiff shall serve the newly added Defendant, Linklaters, LLP, pursuant to the directives of the CPLR; and it is further
ORDERED that the Defendants shall serve an answer to the Amended Complaint or / otherwise respond thereto within 20 days from the date of said service; and it is further
The remainder of this page is intentionally left blank.']
ORDERED that this action shall bear the following caption:
And it is further:
ORDERED that within 10 days of entry, counsel for Plaintiff shall serve a copy of this order with notice of entry on all parties to this action; and it is further
ORDERED that counsel are directed to appear for an in-person preliminary conference on July 12, 2023 at 9:30 a.m. in Room 442, 60 Centre Street, New York, New York. If the parties agree to a proposed preliminary conference order prior to the date of the conference, the parties are directed to submit the proposed order via e-mail to SFC-Part33-Clerk@jiYCOurts.gov; and it is further
ORDERED that the Clerk of the Court is directed to enter judgment accordingly.
This constitutes the decision and order of the Court.