BILHORN v. FARLOW


60 A.D.2d 755 (1977)

Clarence P. Bilhorn et al., Appellants, v. Willaim G. Farlow, Jr., et al., Respondents

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

December 9, 1977


Order unanimously reversed, without costs, and motion granted.

Memorandum:

Plaintiffs seek to amend their complaint a second time. We believe that Special Term's denial of the application was an improvident exercise of discretion. Although the granting of such a motion is within the sound discretion of the court, leave to amend should be freely granted in the absence of a showing of prejudice (CPLR 3025, subd [b]; e.g., Albany Crane Serv. v Pettibone Mulliken...

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