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FIGUEROA v. HYE REALTY, INC.

82 A.D.2d 906 (1981)

Carlos Figueroa, Respondent, v. Hye Realty, Inc., Appellant

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

June 29, 1981

Order affirmed, with $50 costs and disbursements.

Special Term did not abuse its discretion in granting plaintiff's motion to amend his complaint (see CPLR 3025, subd [b]). However, we note that "The showing necessary to uphold the discretion of a court in allowing an amended complaint is different from the showing necessary to withstand summary judgment or dismissal for no cause of action" (see Vastola v Maer, 48 A.D.2d 561

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