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LEONARD v. WALTER DAVENPORT & SONS, INC.

41 A.D.2d 526 (1973)

Daniel Leonard et al., Respondents, v. Walter Davenport & Sons, Inc., Defendant-Appellant and Third-Party Plaintiff. Mobil Oil Corporation et al., Third-Party Defendants

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

January 25, 1973

This action was commenced September 29, 1969, and issue joined February 6, 1970. Appellant asserts that it only learned of the availability of the Statute of Limitations as a possible defense in or about May, 1970. Appellant states no valid reason for the delay in moving to amend its answer and for that reason additional costs are imposed. Moreover, it is the policy of the law that leave to amend shall be freely granted upon such terms as may be just (CPLR 3025, subd. [b...

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