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ENG v. DI CARLO

79 A.D.2d 1018 (1981)

Carolyn Eng, Respondent, v. Thomas Di Carlo, Defendant and Third-Party Plaintiff. Sterling Insurance Company, Third-Party Defendant-Appellant

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

January 26, 1981

Order affirmed, with $50 costs and disbursements payable to plaintiff by appellant.

Plaintiff's time to serve the amended complaint is extended until 20 days after service upon her of copy of the order to be made hereon, together with notice of entry thereof. The passage of time alone, without a further showing of prejudice, is insufficient to deny leave to amend a pleading (see Cerrato v Crown Co., 58 A.D.2d 721; Yerdon...

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