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TWITCHELL v. TOWN OF PITTSFORD

78 A.D.2d 586 (1980)

Frank T. Twitchell et al., Plaintiffs, v. Town of Pittsford, Defendant and Third-Party Plaintiff-Appellant. Pittsford Central School District, Third-Party Defendant-Respondent. (And Another Action.)

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

September 26, 1980

Order unanimously affirmed, with costs.

Memorandum:

CPLR 3025 (subd [b]) permits amendment of pleadings at any time by leave of court and directs that leave be freely given. It is well settled that the statute should be liberally construed and amendment should be granted absent laches, undue prejudice or unfair advantage. Liberality does not, however, require courts to permit futile amendments (Citibank [N. Y. State], N. A. v Suthers,

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