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PERKINS v. CAPPELLETTI

83 A.D.2d 782 (1981)

Bernard Perkins, Appellant-Respondent, v. John Cappelletti, Respondent-Appellant

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

July 9, 1981

Order unanimously modified and, as modified, affirmed, with costs to defendant, in accordance with the following memorandum: Leave to amend the pleadings "shall be freely given" absent prejudice or surprise resulting directly from the delay (CPLR 3025, subd [b]; Fahey v County of Ontario, 44 N.Y.2d 934). Both plaintiff and defendant were equally aware of all the undisputed facts in this case, and the delay neither altered the strength...

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