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DOCKERY v. UPACA SITE 7 ASSOCIATES, LP

155538/12, 3494NA, 3494N.

148 A.D.3d 580 (2017)

2017 NY Slip Op 02153

48 N.Y.S.3d 603

BRONSKI DOCKERY, Respondent, v. UPACA SITE 7 ASSOCIATES, LP, et al., Appellants.

Appellate Division of the Supreme Court of New York, First Department.

Decided March 23, 2017.

The motion court providently exercised its discretion in granting plaintiff's motion for leave to amend the pleadings, as plaintiff's proposed amendment to change the date of the alleged accident would not cause prejudice or surprise (see Cherebin v Empress Ambulance Serv., Inc., 43 A.D.3d 364, 365 [1st Dept 2007]; see also CPLR 3025 [b]). The date of the accident is not central to defendants' theory of the case (compare...

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