Opinion
2014-03-12
Antonio CARDUCCI, appellant, v. Abbe Sohne BENSIMON, respondent, et al., defendant.
Brian R. Hoch, White Plains, N.Y., for appellant. Kaye Scholer LLP, New York, N.Y. (Nicholas C. Friedman of counsel), for respondent.
Brian R. Hoch, White Plains, N.Y., for appellant. Kaye Scholer LLP, New York, N.Y. (Nicholas C. Friedman of counsel), for respondent.
In an action, inter alia, to recover damages for breach of contract, the plaintiff appeals from an order of the Supreme Court, Westchester County (Tolbert, J.), entered March 23, 2012, which granted the motion of the defendant Abbe Sohne Bensimon for leave to amend her answer.
ORDERED that the order is affirmed, with costs.
Contrary to the plaintiff's contention, the Supreme Court providently exercised its discretion in granting the motion of the defendant Abbe Sohne Bensimon for leave to amend her answer, as the proposed amended answer did not result in any prejudice or surprise and was not palpably insufficient or patently devoid of merit ( see CPLR 3025[b]; HSBC Bank v. Picarelli, 110 A.D.3d 1031, 974 N.Y.S.2d 90; Maldonado v. Newport Gardens, Inc., 91 A.D.3d 731, 937 N.Y.S.2d 260). MASTRO, J.P., COHEN, MILLER and HINDS–RADIX, JJ., concur.