J.J. Detweiler Enterprises v. Yazowski

Full title: J.J. DETWEILER ENTERPRISES, INC., Also Known as J.J. DETWEILER, INC.…

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

Date published: Sep 30, 1994

207 A.D.2d 1033 (N.Y. App. Div. 1994)

617 N.Y.S.2d 699

Opinion

September 30, 1994

Appeal from the Supreme Court, Oneida County, Tenney, J.

Present — Lawton, J.P., Fallon, Wesley, Doerr and Boehm, JJ.

Order unanimously reversed on the law without costs and motion granted. Memorandum: Supreme Court should have granted plaintiff leave to amend its complaint. Absent prejudice or surprise, leave to amend should be freely granted (CPLR 3025 [b]). We do not rule upon the merits or legal sufficiency of the proposed amendment (see, Kusak v. Allstate Ins. Co., 190 A.D.2d 1050).