Opinion
September 7, 2000.
Order, Supreme Court, New York County (Michael Stallman, J.), entered October 29, 1999, which, insofar as appealed from, denied plaintiff's motion for leave to amend the complaint to add the City of New York as a defendant, unanimously reversed, on the law, without costs, and the motion granted.
Madeline Lee Bryer, for plaintiff-appellant.
Before: Williams, J.P., Tom, Ellerin, Andrias, Saxe, JJ.
In view of the liberality we employ when entertaining motions to amend pleadings (CPLR 3025[b]), which "should be granted freely if the proponent has alleged facts to establish a prima facie cause of action unless the party opposing amendment has demonstrated that those alleged facts would be insufficient as a matter of law" (Tapps of Nassau Supermarkets v. Linden Boulevard, L.P., ___ A.D.2d ___, 704 N.Y.S.2d 27, 29), and of the presence of at least some evidence of the City' s voluntary assumption of a responsibility to plaintiff (see, generally, Cuffy v. City of New York, 69 N.Y.2d 255, 260), we reverse to allow plaintiff to amend the pleadings.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.