Opinion
No. 2007-00777.
December 30, 2008.
In an action, inter alia, to recover damages for trespass, the plaintiff appeals, as limited by her brief, from so much of an order of the Supreme Court, Orange County (McGuirk, J.), dated December 6, 2006, as denied her motion for leave to serve an amended complaint.
Aimee J. Fitzgerald, Central Valley, N.Y., appellant prose.
Kornfield, Rew, Newman Simeone, Suffern, N.Y. (Maurice J.
Recchia of counsel), for respondents.
Before: Ritter, J.P., Florio, Miller and Dillon, JJ., concur.
Ordered that the order is reversed insofar as appealed from, on the law and in the exercise of discretion, with costs, and the plaintiff's motion for leave to serve an amended complaint is granted.
Balancing all relevant factors, and under the circumstances of this case, we find that the Supreme Court improvidently exercised its discretion in denying the plaintiff's motion for leave to serve an amended complaint ( see CPLR 3025 [b]; 105 [u]; Thomsen v Suffolk County Police Dept., 50 AD3d 1015, 1016-1017; Dialcom, LLC v AT T Corp., 50 AD3d 727).